IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26289 of 2008(D) -------------------------- PETITIONER: --------------- P.T.C.KUNHAYAMMU, S/O.KOYAMU, CHAIRMAN, ISLAMIC CULTURAL TRUST, KARINKALLATHANI P.O., THAZHEKODE, MALAPPURAM DIST. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS: ------------------ 1. THE SECRETARY, GRAMA PANCHAYATH, THACHANATTUKARA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. THE DISTRICT MEDICAL OFFICER, PALAKKAD. 3. THE DISTRICT COLLECTOR, PALAKKAD. BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 26289 OF 2008 D ==================== Dated this the 1st day of September, 2008 J U D G M E N T The issue raised in this writ petition concerns the grant of licence to a Burial ground on an application made by the petitioner. Initially Ext.P1 application was submitted to the 1st respondent Panchayat. This was considered by the Panchayat and enclosing Ext.P2 resolution recommending the grant, the application was forwarded to the District Collector. It is stated that the Collector returned the application with a direction to cure certain defects. Petitioner submits that by Ext.P4, curing the defects, he resubmitted the application to the 1st respondent and complaint is that the application is not being accepted. According to the petitioner, reason for the non acceptance of Ext.P4 is Ext.P5 resolution of the Panchayat, by which the Panchayat has rescind Ext.P2 resolution. 2. It is stated by the petitioner that thereafter, he approached this court by filing WP(C) No.32792/07 and by Ext.P6 judgment, this court directed the Panchayat to forward the application to the District Medical Officer. DMO on receipt thereof, returned the application in view of Ext.P5 WPC 26289/08 :2 : resolution of the Panchayat. It is in this background the writ petition is filed and the prayers are for quashing Ext.P5 and to direct respondents 2 and 3 to consider the application and pass orders thereon untramelled by Ext.P5 resolution of the Panchayat. 3. The grant of licence to a Burial ground is governed by the Kerala Panchayat Raj Act (Burial and Burning Grounds) Rules, 1998. Rule 6 deals wit the issue of licence and Sub Rule 5 provides that on receipt of an application, the Panchayat shall consider and forward the same with its recommendations to the concerned District Collector through the District Medical Officer. Therefore, recommendation of the Panchayat is an inevitable requirement. In this case, though initially Panchayat had recommended the grant of licence as per Ext.P2 resolution, that resolution has since been rescinded by Ext.P5, in which case, I cannot find fault with the District Medical Officer for having returned the application. Therefore, the essential grievance of the petitioner is against Ext.P5 resolution passed by the Panchayat. If the petitioner is aggrieved by the WPC 26289/08 :3 : resolution, it is for the petitioner to take recourse to the remedy as available under the Kerala Panchayat Raj Act against Ext.P5. Therefore, leaving it open to the petitioner to pursue his remedies against Ext.P5, writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp