IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19294 of 2008(V) -------------------------- PETITIONERS: ------------ 1. PALLIYAN, AGED 64 YEARS, S/O.KURUMBAN, MARIYIL HOUSE, PANCODE, AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST. 2. ITTAN, AGED 60 YEARS, S/O.VARKEY, PERINGATTEL HOUSE, PANCODE, AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAMDISTRICT. 3. BIJU, AGED 32 YEARS, S/O.ITTAN, PERINGATTIL HOUSE, PANCODE, AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAMDISTRICT. 4. BENNY, AGED 35 YEARS, S/O.ULHANNAN, PERINGATTIL HOUSE, PANCODE, AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAMDISTRICT. BY ADV. SRI.M.K.DILEEPAN SMT.P.SUMITHRA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 3. THE SECRETARY, AIKKARANADU, GRAMA PANCHAYATH OFFICE, KADAYIRIPPU.P.O, KOLENCHERRY, ERNAKULAM DISTRICT. 4. FR.EDWARD GEORGE, VICAR, ST.J0HN'S ORTHODOX SYRIAN CHURCH, PANCODE P.O, AIKKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST. R1 & R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 19294 OF 2008 - L = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T The challenge in this writ petition is against Exts. P8 and P9. Ext. P8 is an order passed by the District Collector, Ernakulam, allowing an application for setting up a vault type cemetery at a site in Block No. 45 in Re-Sy. No. 388/3 of Aikkaranadu North Village, exercising powers under Rule 6(8)(C) of the Kerala Panchayat Raj (Burning and Burial Ground) Rules 1998. Against the said order an appeal was filed before the Government and that was also rejected by Ext. P9. These orders are under challenge in this writ petition. 2. Counsel submits that the site of the proposed vault type cemetery lies within the prohibited distance from the residential houses. However, a reading of Exts. P8 and P9 shows otherwise. It can be seen from Ext. P9 Govt. Order that the distance was surveyed and it was found that the proposed site is 26.1 metres away from the nearest residential house. It is also stated that the distance to W.P.(C) No. 19294 OF 2008 -2- the nearest well is 26.7 metres. It is the admitted position that in terms of the rules the distance required is only 25 metres. If that be so, the distance factor stands satisfied. 3. However, the learned counsel for the petitioner relies on Ext. P1 commission report and submits that the distance reported in the surveyor's report is incorrect. If that be so, it was for the petitioner to have produced materials before the Government and to prove that the report gives a wrong picture. Learned counsel also relies on Ext. P10 communication issued by the Environmental Engineer of the Pollution Control Board. It is a letter issued on 17.6.2008 which is much later to Ext. P9 order passed by the Government. 4. On the materials placed before the District Collector and the Government, I cannot say that their decisions are vitiated for any reason. 5. Therefore, I do not find any merit in the contentions raised. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-