IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WA.No. 1215 of 2009 ------------------------------------- AGAINST THE ORDER IN WPC.12665/2009 Dated 01/06/2009 .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. PERINCHERIKKARA ALAVI, S/O.MOHAMMED, KUTTIYIL HOUSE, THENHIPALAM AMSOM, DESOM, P.O.CHENAKKALANGADI, MALAPPURAM DISTRICT. 2. K.KUNHALAN, S/O.HASSANKUTTY HAJI, KALLIYIL HOUSE, THENHIPALAM AMSOM, DESOM, P.O.CHENAKKALANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TIRURANGADI. 4. THE SECRETARY, THENHIPALAM GRAMA PANCHAYATH, THENHIPALAM, MALAPPURAM DISTRICT. 5. KANDAMKULANGARA JUMA MASJID COMMITTEE, REP. BY ITS SECRETARY, P.O.CHENAKKALANGADI, MALAPPURAM DISTRICT. 6. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PERINTALMANNA ROAD, MALAPPURAM. 7. THE DISTRICT MEDICAL OFFICER (HEALTH), MANJERI. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 BY ADV.SRI.SUDISH.R. ADV. SRI.A.SUDHI VASUDEVAN,SC FOR PCB. FOR R6 SRI.E.NARAYANAN FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1215 of 2009 ------------------------------------------ Dated, this the 22nd day of June, 2009 JUDGMENT Kurian Joseph, J. The issue raised in this writ appeal pertains to the establishment of a burial ground. Since the writ petition is pending before the learned Single Judge, we do not intend to make any observation with regard to the merits of the case. 2. Learned counsel for the 5th respondent undertakes that they will not bury any dead body in the disputed burial ground for a period of three weeks. Learned counsel for the parties undertake that in case they want to file any counter affidavit, it will be filed within a week from today, and reply affidavit, if any to be filed, will be filed within another week. Learned counsel on both sides also agree that the writ petition itself can be disposed of within a week thereafter. W.A.No.1215 of 2009 - 2 - 3. Therefore, without expressing any opinion on the merits of the case, we dispose of the writ appeal recording the above submissions made by the learned counsel on both sides. In view of the submissions as recorded above, we hope that the learned Single Judge will dispose of the writ petition within the time limit as agreed to by the learned counsel on both sides. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns