IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 WP(C).No. 13851 of 2010(F) ----------------------------------- PETITIONER(S): ------------------- HAJI MOHAMMED,THEKKETHIL VEEDU, NEAR VAKKOM PADINJARE JAMA-ATH, VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): ------------------------ 1. THE PRESIDENT,VAKKOM PADINJARE MUSLIM JAMA-ATH,VAKKOM,VAKKOM VILLAGE,CHIRAYINKEEZH TALUK THIRUVANANTHAPURAM DISTRICT. 2. THE SECRETARY,VAKKOM PADINJARE MUSLIM JAMA-ATH,VAKKOM,VAKKOM VILLAGE,CHIRAYINKEEZH TALUK THIRUVANANTHAPURAM DISTRICT. 3. THE SECRETARY, VAKKOM GRAMA PANCHAYATH,VAKKOM, CHIRAYINKEEZH TALUK,THIRUVANANTHAPURAM DISTRICT. 4. NISA, D/O. ABDUL RASHEED, RESIDING AT T.C.NO.36/1083,CHALA VEEDU, IRANIMUTTOM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 5. NAZEEMA, D/O. ABDUL RASHEED, RESIDING AT T.C.NO.36/1083,CHALA VEEDU, IRANIMUTTOM VILLAGE,THIRUVANANTHAPURAM DISTRICT. 6. THE SECRETARY, KERALA STATE WAKF BOARD, NEAR KALOOR INTERNATIONAL STADIUM, KALOOR, KOCHI - 17. 7. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADV. MR.A.A.ABUL HASSAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 13851 OF 2010 ----------------------------------------------------------- Dated this the 27th April, 2010. JUDGMENT The petitioner is residing close to a burial ground which is maintained by respondents 4 and 5. The petitioner has only an extent of 5 cents of land while respondents 1 and 2 have 42 cents of land. The complaint of the petitioner is that respondents 1 and 2 have already paid an advance amount to purchase an item of property which is lying in between the burial ground and the petitioner's property, with the object of extending the burial ground. They want to use the same as a burial ground without any further permission or sanction from the District Collector. According to the petitioner, if they do that the petitioner would suffer irreparable injury and loss. Therefore, in order to protect the rights of the petitioner, he has submitted Exts.P3 and P4 representations. However, he complains that respondents 6 and 7 have not taken any action in the matter till date. 2. The seventh respondent is the authority who has to permit the establishment of a burial ground. Since Ext.P4 is pending consideration of the seventh respondent, it is sufficient that he is directed to consider the grievances of the petitioner. WPC 13851/2010 2 3. In the above circumstances this writ petition is disposed of directing the seventh respondent to consider the grievances of the petitioner set out in his representation evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. K. SURENDRA MOHAN Judge jj WPC 13851/2010 3