IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 18811 of 2005(M) -------------------------------------- PETITIONER: ------------------ C.M.ABBAS ALI, S/O.MOHAMMED ALI, CHIRAKKAKUDI, VENGOLA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE(B) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. P.P.KUMARAN, PARAKKATTU MALIL, ALAPPRA P.O., PERUMBAVOOR. 5. VENGOLA GRAMA PANCHAYATH, REP. BY ITS SECRETARY. BY GOVERNMENT PLEADER - R1,2,3 ADV. SRI.M.POLY MATHAI - R4 SRI.P.CHELLAPPAN - R4 SRI.M.M.SAIDU MUHAMMED - R5 SRI.T.A.SHABEERALI - R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).18811/2005-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS DATED 19/09/2003. EXT.P2: COPY OF THE REPORT OF THE VILLAGE OFFICER, DULY VERIFIED BY THE TAHSILDAR, KUNATHUNADU TALUK. EXT.P3: COPY OF THE ORDER DATED 07/06/2005. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 18811 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Exhibit P3 communication is under challenge wherein it has been stated that the Anganwadi cannot be constructed at the burial ground of Scheduled Caste Community. It is stated in the statement filed by the third respondent that the place was never used as a burial ground in the past. 2. In the above circumstances, Exhibit P3 is quashed with a direction to the Government to pass fresh orders in the light of the statement. This shall be done within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 18811 OF 2005 J U D G M E N T 18.07.2008