IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1166 of 2009(L) ----------------------------------- PETITIONER(S): ----------------------- V.PHILIP,S/O.VARKEY,PALLATHUSSERIL, (PUTHENPARAMBIL)VADAVATHOOR P.O,KOTTAYAM. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR (KOTTAYAM) COLLECTORATE,CIVIL STATION P.O, KOTTAYAM. 2. VIJAYAPURAM GRAMA PANCHAYAT REP.BY ITS SECRETARY OFFICE OF THE GRAMA PANCHAYAT,MANARCADU P.O,KOTTAYAM. 3. DISTRICT MEDICAL OFFICER (KOTTAYAM) OFFICE OF THE D.M.O,KOTTAYAM. 4. ENVIRONMENTAL ENGINEER, OFFICE OF THE KERALA POLLUTION CONTROL BOARD, KOTTAYM,NAGAMPADAM,KOTTAYAM. 5. TAHSILDAR, KOTTAYAM, TALUK OFFICE,KOTTAYAM. 6. VICAR, ST.THOMAS CHURCH, VADAVATHOOR,VADAVATHOOR P.O,KOTTAYAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA ADV. SRI. M.K. CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 1166 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The petitioner is a resident of an area where the 6th respondent wants to establish a cemetery. The 6th respondent has filed an application for licence before the 1st respondent, District Collector to establish a cemetery. The 2nd respondent, Panchayat as well as the 3rd respondent District Medical Officer had forwarded their recommendations to the District Collector. The petitioner has filed this writ petition stating that the recommendations made by the respondents 2 and 3 were without considering into account Rule 4 of the Chapter IV of the Kerala Education Rules in so far as there is a school near the proposed site of the cemetery. In so far as the District Collector has not yet considered the application for licence submitted by the 6th respondent under the Kerala Panchayat Raj Act (Burial and Burning Ground Rules), the writ petition filed by the petitioner is premature. The petitioner has a right to raise all his objections before the District Collector when the District Collector takes up the application for licence for consideration. Without prejudice to such right this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs