IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 14301 of 2007(C) -------------------------- PETITIONER(S): ------------------- SUDHEER BABU, S/O.NARAYANA PILLAI, AGED 29 YEARS, BINDHU BHAVAN, THOLICODE, PUNALUR, KOLLAM DISTRICT, CONVENOR, ACTION COUNCIL FORMED TO DEMAND THE SHIFTING OF THE PROPOSED LPG CREMATORIUM AT THOLICODE, PUNALUR. BY ADV. SMT.M.V.RETNAMMA SRI.V.K.SUBRAMANIAN SRIM.K.SASEENDRAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF LOCAL SELF GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PUNALUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PUNALUR, KOLLAM. 3. THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, KOLLAM, REP. BY ITS SECRETARY. 4. THE DISTRICT COLLECTOR, KOLLAM. ADV. SRI.B.KRISHNA MANI FOR R2 SMT.S.SIBHA FOR R2 SRI.JOSEPH T.JOHN FOR R2 SRI.SIJU RAJAN FOR R2 GOVT.PLEADER SRI.T.K.ARAVINDAKUMAR BABU SRI.M.K.CHANDRAMOHANDAS, SC FOR PCB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14301/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT PAGE OF THE MALAYALA MANORAMA DAILY DT 22.4.2007 EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 4TH RESPONDENT ON 20.4.2007. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14301 OF 2007 ( C) ===================== Dated this the 15th day of October, 2009 J U D G M E N T The complaint of the petitioner is against the proposal of the 2nd respondent, the Punalur Municipality to construct a LPG crematorium at Tholicode, Punalur, which according to the petitioner was without complying with the mandatory statutory provisions. 2. Going by the averments in the writ petition, the objection seems to be that the 2nd respondent had not obtained consent from the 3rd respondent, the requirement of which is confirmed by the standing counsel appearing for the 3rd respondent. The 3rd respondent further points out that so far they have not issued any consent. However, according to the standing counsel for the Municipality, crematorium has actually been constructed. In view of the above, the writ petition is disposed of clarifying that the 2nd respondent shall, if not already constructed and commissioned the crematorium mentioned above, proceed WPC 14301/07 :2 : with the establishment only after obtaining consent from the 3rd respondent and in compliance with statutory requirements. ANTONY DOMINIC, JUDGE Rp