IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 7990 of 2010(W) ------------------------- PETITIONER(S): --------------- VADAYAMPADY PAURA SAMITHI, REPRESENTED BY ITS CHAIRMAN M.S.MURALEEDHARAN, AGED 45 S/O.SANKARANKUTTY MENON, MUKKOTTAL HOUSE, VADAYAMPADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT(S): --------------- 1. POOTHRIKKA GRAMA PANCHAYATH, POOTHRIKKA P.O., ERNAKULAM DISTRICT, PIN-682308, REPRESENTED BY ITS SECRETARY. 2. DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. BY GOVT. PLEADER SRI. V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7990 OF 2010 (W) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Prayer sought in this writ petition is to direct the 2nd respondent to take a final decision, considering the objection filed by the petitioner in the matter of construction of a burial ground by the first respondent Panchayat. 2. Petitioner submits that complaining of the proposal to set up a burial ground by the Panchayat, he had approached this Court by filing writ petition No.5837/2009. That writ petition was disposed of by Ext.P5 judgment for the reason that a burial ground cannot be established without permission of the District Collector and that if the District Collector grants permission, the petitioner has a right of appeal before the Government. 3. According to the petitioner in pursuance to Ext.P5 judgment, he submitted his objection before the District Collector. It is stated that the District Collector has not considered the matter in terms of the provsisions contained in the Kerala Panchayat Raj(Burning and Burial Ground) Rules, and that the Panchayat is proceeding to establish the burial ground. WPC.No. 7990/2010 :2 : 4. The case was adjourned in order to enable the Government Pleader to obtain instruction as to whether the Panchayat has obtained permission of the District Collector as contemplated under Rule 6(8) of the Kerala Panchayat Raj (Burning and Burial Ground) Rules. Government Pleader on instructions submits that the District Collector has not passed any order in terms of the rule and that the matter is pending. 5. If as a matter of fact application made by the Panchayat is pending consideration of the District Collector, the Rule requires the District Collector to consider the application in the light of the provisions contained in the Rule. Having regard to the fact that the application filed by the Panchayat along with the objection are pending before the District Collector I dispose of this writ petition directing the 2nd respondent consider the application filed by the first respondent in the light of the objections raised by the petitioner and others. This the 2nd respondent shall do with notice to the petitioner and other objectors and the Panchayat. Orders shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. WPC.No. 7990/2010 :3 : Petitioner shall produce a copy of this judgment along with copy of this writ petition before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/