IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929 WA.No. 937 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7189/2007 Dated 22/03/2007 .................... APPELLANT: PETITIONERS ---------------------- 1. HEMACHANDRAN, AGED 32, S/O.K.RAVEENDRANATHAN PILLAI, REMALAYAM, THOLICODU P.O., PUNALUR, KOLLAM. 2. MOHANAN, S/O.BALAKRISHNAN, AGED 45, ANEESH BHAVAN, THOLICODE P.O, PUNALUR. BY ADV. SRI.V.V.RAJA SRI.R.RENJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPART. OF LOCAL SELF GOVT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PUNALUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PUNALUR, KOLLAM. 3. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM REPRESENTED BY ITS SECRETARY. R1 BY SHRI P.A.SALIM, GOVERNMENT PLEADER SRI.B.KRISHNAMANI R3 SRI.M.K.CHANDRAMOHAN DAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.NO.937 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2007 JUDGMENT Koshy, J. The second respondent Municipality is constructing an L.P.G. Crematorium at Tholicode, Punalur. According to the petitioner, the above was started without complying with the mandatory provisions contained in the statute. A Commission was appointed by this court and submitted a report. Learned counsel refers to Sections 484, 485 and 486 of the Kerala Municipality Act stating that the procedure envisaged by the Municipality in starting the burial ground is illegal, whereas in the counter affidavit filed by the Municipality, it is stated that all procedures have been complied with and modern L.P.G. Crematorium will not cause any disturbance. It is stated that earlier there was already a burial ground apart from the burial ground of nearby church. According to the learned counsel for the petitioner, the earlier burial ground was situated at a different place. These are all questions of fact. The learned Single Judge directed the petitioner to approach the civil court as factual disputes cannot be decided by this court in the absence of evidence. Further, it is stated in the judgment that the WA 937/2007 -2- Municipality shall not commission the L.P.G. Crematorium till 30.4.2007 so that petitioner can approach the civil court. Learned judge refused to exercise the jurisdiction vested under Article 226 of the Constitution of India. We are of the opinion that there is no patent illegality in the judgment impugned. It is for the petitioner to approach the civil court and get appropriate orders. However, in view of the impending vacation, we direct that the crematorium shall not be operated till 30.5.2007. Meanwhile, the petitioner will be free to approach the civil court. The writ appeal is disposed of with the above observations. (J.B. Koshy, Judge.) (T.R. Ramachandran Nair, Judge.) kav/