W.P.(C) No. 20588/2012 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 20588 OF 2012
PETITIONER/S:
SAFIYA
AGED 42 YEARS
W/O. POOVATHUMPARAMBIL RAYIL, MELEKULAM DESOM,
THAZHEKODE AMSOM, PERINTHALMANNA TALUK.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.K.RAVI PARIYARATH
RESPONDENT/S:
1 THE STATE OF KERALA
REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 THE DISTIRCT COLLECTOR
COLLECTORATE, MALAPPURAM 678 001.
3 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA TALUK OFFICE, MALAPPURAM DISTRICT. 673 001.
4 MELEKALATHIL MASJIDULHUD PALLI COMMITTEE
REP. BY ITS SECRETARY, NEYYAPADAN ABBAS, NEYYAPADAN HOUSE,
THAZHEKODE P.O., MALAPPURAM DISTRICT. 673 001.
5 MELEKALATHIL MASJIDULHUD PALLI COMMITTEE
REP. BY ITS PRESIDENT, PUZHIKUNNAN ASHRAF, S/O.KUNJITHU,
PUZHIKUNNAN HOUSE, THAZHEKODE WEST P.O, MALAPPURAM
DISTRICT. 673 001.
6 THE THAZHEKODE PANCHAYATH
REP.BY ITS SECRETARY, THAZHEKODE P.O,
MALAPPURAM DISTRICT. 673 001.
BY ADVS.
SRI.U.K.DEVIDAS
W.P.(C) No. 20588/2012 :2:
SRI.V.MUHAMMED RAFEEQ
R1 TO 3 - SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER
R6 BY SRI. U.K. DEVIDAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 20588/2012 :3:
Dated this the 26th day of August, 2022.
JUDGMENT
The petitioner has filed this writ petition seeking the following reliefs:
1. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the second respondent, as also the third and sixth respondents to see that no illegal burial is held at the instance of the respondents 4 and 5 in the compound of the mosque in the interest of justice.
2. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2, 3 and 6 to consider Exts.P1 to P3 and to pass appropriate orders in accordance with law, within such time as may be fixed by this Hon'ble Court in the interest justice.
2. The grievance highlighted by the petitioner is that respondent Nos. 4 and 5 are attempting to have a burial ground in the site belonging to a mosque, of which respondent Nos. 4 and 5 are the office bearers. It is further contended that no sanction is secured by respondents 4 and 5 to maintain a burial ground. The further case of the petitioner is that about 25 families are residing in and around the property in question and if burial is conducted, it would be in violation of the provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998. It is also pointed out that a minimum W.P.(C) No. 20588/2012 :4: distance of 50 meters is prescribed under the said Rules; however, no such distance would be able to be maintained, if burial is done in the property in question.
3. The petitioner has submitted Ext. P3 complaint before the District Collector for ventilating her grievance, and it was remaining without being adjudicated or addressed. Hence, this writ petition.
4. After having heard the learned counsel for the petitioner Sri. Sreekumar G. Chelur and the learned Senior Government Pleader Sri. Joby Joseph, this writ petition is disposed of, directing the District Collector, Malappuram, to consider Ext. P3 in accordance with law and conclude the proceedings at the earliest, and at any rate within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to all concerned. Since the subject matter is very old, pending before this court from the year 2012, the petitioner is directed to produce a copy of this writ petition along with all attendant documents before the District Collector within two weeks from today.
sd/ SHAJI P. CHALY, JUDGE.
Rv
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE REPRESENTATION FILED BY THE PERSONS OF THE LOCALITY DATED 16.10.2008.
EXT.P2: TRUE COPY OF HTE REPRESENTATION DATED NIL SUBMITTED BEFORE THE 6TH RESPONDENT.
EXT.P3: TRUE COPY OF THE COMPLAINT BEFORE THE SECOND RESPONDENT DATED 01.09.2012.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge.
rv W.P.(C) No. 20588/2012 :6: