IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 20221 OF 2013
PETITIONERS:
1 SASIKUMAR
S/O.VIDYADHARAN K, KIZHAKKEVILA PUTHEN VEEDU,
KADAKKODU P.O, KAREEPRA VILLAGE, KOLLAM 691 509.
2 NARAYANAN
S/O.KOCHU RAVI, SREE MANDIRAM, KADAKKODU P.O,
KAREEPRA VILLAGE, KOLLAM 691 509.
3 KALYANI
D/O.AYYAPPAN, SREE MANDIRAM THEKKETHIL,
KADAKKODU P.O, KAREEPRA VILLAGE, KOLLAM 691 509.
BY ADVS.
SRI.R.MOHANA BABU
SRI.ANIL PRASAD
SRI.S.SREEDUTT
RESPONDENTS:
1 KAREEPRA GRAMA PANCHAYAT
KUZHIMATHICADU P.O, KOLLAM 691 509
REPRESENTED BY ITS SECRETARY.
2 DISTRICT COLLECTOR
KOLLAM 691 001.
3 REVENUE DIVISIONAL OFFICER
KOLLAM 691 001.
4 TAHSILDAR
KOTTARAKKARA 691 506.
5 DISTRICT MEDICAL OFFICER
KOLLAM 691 001.
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WP(C) NO. 20221 OF 2013
6 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, USHUS BUILDING, BIG BAZAR,
KOLLAM 691 001.
7 DISTRICT SUPERINTENDENT OF POLICE
KOLLAM RURUAL, KOTTARAKKARA 691 506
R2 TO 5 AND 7 - SRI.SURIN GEORGE IPE,SENIOR
GOVERNMENT PLEADER
R1 - SRI.MURALI MADANTHACODU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 20221 OF 2013
JUDGMENT
This writ petition is filed by the petitioners, who are the residents within the limits of Kareepra Grama Panchayath, Kollam District, seeking the following reliefs:-
"i) to issue a writ in the nature of mandamus directing the 1st respondent to immediately stop the work intended for functioning of the unlicenced and unauthorised crematorium and waste treatment plant within the proposed areas near to the residence of petitioners;
ii) to declare that the unlicenced crematorium and waste treatment plant proposed to be established by 1st respondent in the Panchayath precincts is illegal and unauthorised;
iii) to issue a writ in the nature of mandamus directing respondents 2 to 6 not to give any licence/permit to the 1st respondent to operate any crematorium and waste treatment plant or otherwise at the place endangering the life of the people living nearby;
iv) to issue a writ in the nature of mandamus directing respondents 2 to 7 to take penal action against the 1st respondent for starting the construction and using the crematorium and waste treatment plant in the 1st respondent Panchayath's premises without the mandatory licence or permission from the authorities;"-4-
WP(C) NO. 20221 OF 2013
2. Various contentions are raised with respect to the inconvenience that would be faced by the people of the locality in the crematorium is started in the area in question.
3. However when the matter was taken up today, the learned senior Government Pleader Sri. Surin George Ipe submitted that as per the instructions imparted by the District Collector, Kollam, as per letter dated 22.11.2013, the Panchayath has informed that, the Panchayath has no intention to carry on with the construction of the crematorium in the area in question .
4. In that view of the matter, I do not think anything survives to be considered in this writ petition. In the counter affidavit filed by the Panchayath also, the panchayath has stated that it has decided to establish a crematorium in the property near to the petitioners' property. -5- WP(C) NO. 20221 OF 2013 However, the panchayath has not submitted any application for licence or permission before the statutory authorities. It is also stated that the panchayath has decided to find out other suitable place in the panchayath to establish cemetery and slaughter house to avoid confrontation with the local public. It is further submitted that, the panchayath has decided only to construct side wall to protect the property of the panchayath which is not against the interest of anybody and only to protect the boundaries of the land.
5. In my considered opinion the cluster of circumstances pointed out above would make it clear that, the panchayath has not even submitted an application for construction of the crematorium, therefore, the apprehensions voiced in the writ petition in my considered opinion is premature and does not require any consideration -6- WP(C) NO. 20221 OF 2013 on its merit at this point of time, and on the basis of the submissions recorded above, writ petition is dismissed.
The order will not stand in the way of the Panchayath submitting suitable application, in accordance with law, for conducting crematorium.
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SHAJI P.CHALY JUDGE hmh -7- WP(C) NO. 20221 OF 2013 APPENDIX OF WP(C) 20221/2013 PETITIONER's ANNEXURE EXHIBIT P1 TRUE COPY OF THE DECISION NO.1 (1) DATED 08.04.2013 PASSED BY THE IST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 29.06.2013 SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT NO.969 DATED 29.06.2013 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 22.06.2013 FORWARDED BY SECRETARY OF THE NARMADA WATER SANITATION SCHEME TO THE PRESIDENT OF THE ACTION COMMITTEE. RESPONDENT's ANNEXURE EXHIBIT R1(A) A TRUE COPY OF THE PROJECT NO.SO 099/2014 EXHIBIT R1(B) A TRUE COPY OF THE LETTER FROM ASSISTANT ENGINEER DATED 25.11.2013 EXHIBIT R1(C) A TRUE COPY OF THE DECISION NO.V OF THE PANCHAYAT COMMITTEE DATED 25.06.2013 EXHIBIT R1(D) A TRUE COPY OF THE REQUEST LETTER GIVEN TO THE VILLAGE OFFICER DATED 12.07.2013