IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 9794 of 2010(Y) -------------------------------- PETITIONER(S): ------------------- SREE NARAYANA SAMAJAM, REG.NO.85/73, PADINJATTUMURI, VADOOKARA P.O, THRISSUR - 680 007. REPRESENTED BY SECRETARY. BY ADV. SRI.JIJO PAUL RESPONDENT(S): -------------------- 1. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICER, THRISSUR, POONKUNNAM P.O., THRISSUR - 680 002. REP. BY ENVIRONMENTAL ENGINEER. * ADDL. R2 & R3 IMPLEADED 2. SATHEESH K.B., S/O. CHANDRASEKHARAN, KALLIDUMBIL HOUSE, VADOOKARA P.O., THRISSUR DISTRICT. 3. P.A. SHAIJAN, S/O. AYYAPPAN, POOTHOTTUNGAL HOUSE, VADOOKARA P.O., THRISSUR DISTRICT. * ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER DATED 10/06/2010 IN I.A.NO.6134/2010 IN WPC. R1 BY ADV.SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR R2 & R3 BY ADV. SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 9794 of 2010 Y ``````````````````````````````````````````````````````` Dated this the 28th day of October, 2010 J U D G M E N T Challenge in this writ petition is against Exts.P4 and P6, orders issued by the first respondent regarding the further burial and management of the Vadookara Sree Narayana Samajam Burning and Burial Ground. Irrespective of the contentions of the petitioner on the merits, from the counter affidavit filed by the additional second respondent, it is seen that in IA.2282/2010 in OS.No.682/2010, the III Additional Munsiff Court of Thrissur has passed Ext.R2(a) order dated 18-03-2010, restraining the petitioner herein from conducting any open cremation as per customary mode in the burial ground in question. It is seen that the said order was passed after hearing the petitioner also. According to the petitioner, although they have already moved under Order 39 Rule 5, the petitioner has not got the order so far vacated. If so, parties will have to be governed by the order. W.P.(C) No.9794/2010 : 2 : In that view of the matter, leaving it open to the petitioner to get the dispute adjudicated by the civil court, this writ petition is closed. (ANTONY DOMINIC, JUDGE) aks