IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32759 of 2008(Y) -------------------------- PETITIONER(S): --------------- M.P.MUHAMMED, S/O.KHADER HAJI, AGED 34 YEARS, MADATHINGAL HOUSE, KUZHIMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. 3. THE SECRETARY, KUZHIMANNA GRAMA PANCHAYATH, MALAPPURAM DISTRICT. 4. THE DISTRICT MEDICAL OFFICER, THE D.M.O. OFFICE, MANJERI, MALAPPURAM DISTRICT. GOVT PLEADER SHRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32759 of 2008 ================== Dated this the 6th day of November, 2008 J U D G M E N T The petitioner applied for a licence for establishing a burial ground, before the 3rd respondent. The same has been forwarded to the 1st respondent who is the authority to decide the eligibility for licence under the Rules applicable. The grievance of the petitioner is that the 1st respondent is not considering that application on the ground that there is an injunction order from a civil court injuncting burying of dead bodies in the property in respect of which the petitioner has submitted the application for licence to establish a burial ground. Although the petitioner admits that there is an injunction order by a competent civil court, the contention of the petitioner is that, that does not prevent the District Collector from considering the application for licence. The argument is that even if a licence is granted without permission from the civil court, no dead bodies can be buried in that property. I am not inclined to countenance that contention. When a competent civil court has issued an injunction order against burying dead bodies in the particular property, the w.p.c.32759/08 2 District Collector cannot consider an application for licence to establish a burial ground in the same property, because it will amount to the District Collector allowing burial of dead bodies in the very same land. That would be a negation of the order of the civil court. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge