IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3722 of 2010(M) ------------------------- PETITIONER(S): ------------------------ 1. BHASKARA NAIR, RESIDING SREEVILASOM LANE, MURIKKADY, KUMALI, IDUKKI DISTRICT. 2. KURIAN SCARIA, PUTHIYAPURAYIDATHIL HOUSE,MURIKKADY, KUMALI, IDUKKI DISTRICT. 3. SAJAN, RESIDING AT KURISSINKAL HOUSE, MURIKKADY, KUMALI, IDUKKI DISTRICT. 4. P.S.VARGHESE, PUNNAMATTATHIL HOUSE, MURIKKADY, KUMALI, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): ------------------------- 1. THE GOVERNMENT OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, PAINAVU.P.O, IDUKKI DISTRICT. 3. THE KUMALI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUMALI P.O, IDUKKI DISTRICT. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 3722 OF 2010 (M) ===================== Dated this the 4th day of February, 2010 J U D G M E N T Aggrieved by Ext.P8, a licence granted by the District Collector exercising its powers under the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998, petitioners have filed Extx.P10 appeal accompanied by Ext.P11 application for stay before the 1st respondent. Neither the appeal nor the stay petition has been considered by the Appellate Authority and in the meanwhile, according to the petitioners, the 3rd respondent is taking steps to construct the burial ground. It is complaining of delay on the part of the Appellate Authority in considering the appeal, the writ petition is filed. 2. Evidently, Exts.P10 and P11 are filed in terms of the provisions contained in Rule 6(10) of the Kerala Panchayath Raj (Burial and Burning Grounds) Rules, and therefore, it is the duty of the 1st respondent, the Appellate Authority to consider the appeal and stay petition on an expeditious basis. 3. Having regard to the case of the petitioners regarding the pendency of the appeal as stated above, it is directed that the WPC 3722/10 :2 : 1st respondent shall consider Ext.P10 appeal with notice to the parties, and as expeditiously as possible, at any rate, within 8 weeks of production of a copy of this judgment. In the meantime, it will also be open to the petitioners to move the 1st respondent for early orders on Ext.P11, in which event, orders shall be passed on Ext.P11 as well. 4. Petitioners may produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp