IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 23143 of 2008(E) -------------------------- PETITIONERS: ------------ 1. BINDU ROY ROBIN VILLA, PARAKODE PO, PATHANAMTHITT DISTRICT 2. SUDHADEVI AMMA SREYAS, PARAKODE PO, PATHANAMTHITT DISTRICT 3. V.P.SASIDHARAN NAIR VENKOOTHARA PUTHENVEEDU, PARAKODE PO, PATHANAMTHITT DISTRICT BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- 1. ADOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, ADOOR PO, PATHANAMTHITTA DISTRICT 2. DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT 3. REVENUE DIVISIONAL OFFICER ADOOR 4. TAHSILDAR, ADOOR 5. VILLAGE OFFICER, ADOOR 6. DISTRICT SUPERINTENDENT OF POLICE PATHANAMTHITTA 7. DEPUTY SUPERINTENDENT OF POLICE ADOOR 8. CIRCLE INSPECTOR OF POLICE ADOOR POLICE STATION, ADOOR. 9. DIRECTOR GENERAL OF POLOICE THIRUVANANTHAPURAM 10. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA 11. DISTRICT MEDICAL OFFICER PATHANAMTHITTA 12. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 13. PARAKODE MUSLIM JAMA ATH (MUHAIDEEN JUMA MASJID) REPRESENTED BY ITS PRESIDENT, SHOUKAYH R KULAPURATH, PARAKODE (PO) PATHANAMTHITTA DISTRICT BY ADV. SRI.D.KISHORE FOR R13 & 14 G.P. SHRI.M.R.SABU, SC SHRI.CHANDRAMOHAN DAS, FOR POLLUTION CONTROL BOARD. SHRI.VARGHESE.P.THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.23143 of 2008 ================== Dated this the 22nd day of September, 2008 J U D G M E N T The petitioners have filed this writ petition alleging that respondents 13 and 14 are allowing burial of dead bodies in re- survey No.870/4 of Adoor Village without obtaining a licence under Section 484 of the Municipality Act. This Court on 6.8.2008 passed the following interim order: “Counsel for respondents 13 and 14 submits that they have not obtained any licence to use the property in re-survey No.870/4 of Adoor Village as a burial ground and it is undertaken that they will not conduct any burial in the aforesaid land. However, what is suggested in the statement is that strangers are conducting burial without their permission. Since the counsel appearing for the Municipality also confirms that the place in question is not a licenced burial ground, none can be permitted to bury dead body in the land in question. If there is any possibility of any such burial in the land in question, I direct that the petitioners or respondents 13 and 14 shall immediately report the matter to respondents 6 to 8, who shall take immediate action for preventing the same.” 2. The counsel for respondents 13 and 14 submits that they have already submitted an application for licence to use the property as a burial ground, before the Municipality. In view of the same, I am of opinion that this writ petition can be disposed of in terms of the interim order without prejudice to the right of w.p.c.23143/08 2 the petitioners to pursue the application stated to have been filed by respondents 13 and 14. Ordered accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge