IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 31234 of 2008(R) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.SADASIVAN PILLAI, KOYIKKALETH HOUSE, VENMONY THAZHAM, VENMONY PO., CHANGANNUR, ALLEPPEY DISTRICT. 2. K.BALAN, KOYIKKELETH KIZHAKKETHIL, VENMONY THAZHAM, VENMONY PO., CHENGANNUR, ALLEPPEY DISTRICT. BY ADVS.MR.P.VINODKUMAR, MR.T.K.AJITH KUMAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA 3. THE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALLISSERY ROAD, NEAR COLLECTORATE, ALAPPUZHA. 5. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT. Kss ..2/- ...2.... WPC.NO.31234/2008 R 6. THE INDIA PENTHACOSTAL CHURCH OF GOD REP. BY STATE PRESIDENT, HEBRONE, KUMBANADU P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. 7. DISTRICT PRESIDENT, MAVELIKKARA EAST DISTRICT INDIA PENTHACOSTAL CHURCH OF GOD REP. BY PASTER THOMAS PHILIP, EBENZER COTTAGE KORAVALAKKETTIL VENMONEY THAZHAM, VENMONEY P.O., ALLEPPEY DISTRICT. 8. PASTER THOMAS ABRAHAM, MAVELIKKARA EAST CENTRE SECRETARY, I.P.C. EBENZER HALL, ARUNUTTIMANGALAM P.O., MAVELIKKARA, ALLEPPEY. 9. PASTER M.C.SAMUEL, VICE PRESIDENT, MAVELIKKARA EAST DISTRICT, IPC CHURCH HALL, KURUTHIKADU P.O., MAVELIKKARA, ALLEPPEY DISTRICT. 10. PASTER C.P.RAJU, IPC, SALEM, VENMONEY EAST., VENMONEY P.O., ELLATHUMELPURAM, CHENGANNUR, ALLEPPEY DISTRICT. BY GOVERNMENT PLEADER MR. I.V. PRAMOD R7 TO R9 BY ADV. MR.R.KRISHNA RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009 ALONG WITH WPC NO. 22799 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31234/2008 R APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PHOTOGRAPHS. P2: COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE SECRETARY TO LOCAL SELF GOVERNMENT WITH COPY TO THE RESPONDENTS 1 TO 5. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S. TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.31234/2008-R & 22799/2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2009. JUDGMENT 1.The latter among the captioned matters has come up for admission. The former is filed alleging that the petitioner in the latter matter is unauthorizedly using a parcel of land as a burial ground, which piece is a paddy field. 2.Going through the documents exhibited in WP(C). 31234/2008, it may be that the land is marshy, though, not necessarily a piece of paddy field. The petitioner in WP(C).22799/2009 also disputes the veracity of the photographs placed on record in WP(C).31234/2008. 3.On 23.10.2008, the following interim order was WP(C)31234/08 &22799/09 -: 2 :- issued in WP(C).31234/2008: “Admit. Issue notice by speed post. R1 to R5 shall ensure that the property comprised in Sy.No.222/6, 222/7, 222/8, 222/9, 222/10, 222/11, 222/12, 238/2 and 282/2 of Venmony village in Chengannur Taluk is not used for burial of dead-bodies unless permission has been granted in this behalf by the District Collector under the provisions of the Kerala Panchayath (Burning & Burial Grounds) Rules, 1998 framed under the Panchayath Raj Act. Copy of the order shall be communicated by the petitioner to R1 to R5 and the contesting respondents.” 4.WP(C).22799/2009 is filed seeking a direction to the competent statutory authorities to take appropriate action on the application for licence to conduct a burial ground. It needs to be mentioned that such applications have to be considered and orders issued on a time bound WP(C)31234/08 &22799/09 -: 3 :- manner, having regard to the provisions of the Rules, as they stand as of now. 5.Taking into consideration that the petitioner in WP(C).22799/2009 is yet to obtain licence for a burial ground and because it is shown that no licence has been obtained in relation to the land in relation to which WP(C).31234/2008 is filed, it is ordered that the official respondents in WP(C).22799/2009 will consider the application of the petitioner therein for licence to conduct the burial ground as expeditiously as possible and issue final orders, either way, within the limit stipulated as per the Rules. The District Medical Officer is hereby directed to place his recommendations, either way, within a period of three weeks from the date of receipt of a copy of this judgment. The interim order granted in WP(C).31234/2008 is made absolute. The writ petitions are ordered accordingly without prejudice to the contentions of parties WP(C)31234/08 &22799/09 -: 4 :- in the proceedings before the statutory authorities. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/140809