IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 8912 OF 2012
PETITIONERS:
1 SIVESSASTRI
AGED 38 YEARS
AGED 38, S/O.V.S.SASTRI, KIZHAKKEVELIKKAKATHU,
P.O.PERINGANDOOR, THALAPPILLY TALUK, THRISSUR-680 581,
(PRESIDENT THONNURUPADAVU PADASEKHARA NELLULPADAKA
SAMOOHAM KUTTOOR P.O., TRISSUR).
2 JOHNSON
AGED 48, S/O.PORINCHU, MURIYADAN HOUSE, P.O.KUTTOOR,
TRISSUR-680 013 (SECRETARY, PAZHAMCHIRA PADASEKHARA
NELLULPADAKA SAMOOHAM KUTTOOR P.O., TRISSUR AND
THONNURUPADAVU PADASEKHARA NELLULPADAKA SAMOOHAM
KUTTOOR P.O., TRISSUR).
BY ADVS.
SRI.K.S.MADHUSOODANAN
SRI.P.K.RAKESH KUMAR
SMT.M.A.RUXANA
SRI.THOMAS CHAZHUKKARAN
SRI.THUSHAR NIRMAL SARATHY
SRI.M.M.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
TO BE REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
2 DISTRICT COLLECTOR
CIVIL STATION AYYANTHOLE, TRISSUR.
3 REVENUE DIVISIONAL OFFICER
TRISSUR.
4 AGRICULTURAL OFFICER
AYYANTHOLE, TRISSUR.
5 VILLAGE OFFICER
WP(C) NO. 8912 OF 2012
2
VILLAGE OFFICE, AYYANTHOLE, TRISSUR.
6 TRISSUR MUNICIPAL CORPORATION
TRISSUR REPRESENTED BY SECRETARY-680 001.
7 PARAMEKKAVU DEVASWAM
CHEMPUKKAVU VILLAGE, TRISSUR-680 026
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SMT.KRIPA ELIZABETH MATHEWS
SRI.M.RAMESH CHANDER
SRI.V.M.SYAM KUMAR
SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION
SRI.K.P.VIJAYAN
BY ADV.
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8912 OF 2012
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 8912 of 2012
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Dated this the 01st day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Call for records connecting Exts.P-1 to P-9 from the respondent concerned;
(ii) Issue Writ of Mandamus directing the respondents 2 to 6 to forthwith stop the functioning of unlicensed crematorium in Sy.Nos.56/1 and 56/2 of Ayyanthole Village, Trissur of the 7th respondent;
(iii) Such other reliefs as this Hon'ble Court may deems fit and proper;
(iv) Award cost to the petitioner."[SIC]
2. When this writ petition came up for consideration, the learned Standing counsel appearing for the Trissur Corporation takes me through paragraphs 6 and 7 of the counter affidavit filed by the 6 th respondent. It will be better to extract paragraphs 6 and 7 of the counter affidavit:
"6. It is respectfully submitted that the consent to establish the burial and burning ground in WP(C) NO. 8912 OF 2012 4 the said property was issued by the State Pollution Control Board vide its order dtd.11.3.2004 bearing no.P.C.B/Thrissur/C.E/130/2004. The Health Officer of the Corporation had submitted a report dtd.6.7.2004 recording the certificate issued under the Public Health Act. Moreover, the District Collector had vide his letter dtd.14.7.2004 bearing no.C6/19686/04 given permission to establish the burial and burning ground subject to the provisions contained in the Kerala Municipality Act, 1994. It is pertinent to note here that the Corporation had published a public notice dtd.21.4.2004 bearing No.P.H.4/18074/03 under Section 484 of the Kerala Municipality Act, 1994, inviting objections and suggestions, regarding the application. A true copy of the public notice dtd.21.4.2004 bearing No.P.H.4/18074/03 under Section 484 of the Kerala Municipality Act, 1994 issued by the Secretary of the Corporation is produced herewith marked Exhibit R6(a).
7. It is respectfully submitted that after complying with the procedural requirements, based on the recommendation made by the Public Health Standing Committee on 30.7.2004, the application made by the 7th Respondent was allowed by the Corporation Council vide its resolution bearing no.30 dtd.19.8.2004. Accordingly, the Secretary of the Corporation had issued an order dtd.17.9.2004 bearing no.P.H4/18074/03 whereby the 7th Respondent was permitted to establish a burial and burning ground in the 50 cents of land comprised in Sy.No.56/2 in Ayyanthole Village belonging to them. A true copy of WP(C) NO. 8912 OF 2012 5 the order dtd. 17.9.2004 bearing no.P.H4/18074/03 issued by the Secretary of the Corporation is produced herewith marked Exhibit R6(b). As per Exhibit R6(b), the Secretary had also directed the 7th Respondent to apply for a licence in accordance with law, subsequent to the establishment of the burial and burning ground. It is pertinent to note here that the Corporation had also issued a building permit bearing no.DW5/BA/216/09-10 dtd.12.10.2011 [(Exhibit R7(c))] to the 7th Respondent for the purpose of constructing a crematorium, office block building, bali centre and ritual offering hall in their property situated in Sy.Nos.56/1 and 56/2 in Ayyanthole Village, Thrissur Taluk, subject to certain conditions set out in detail therein."
3. On a perusal of the same, it is clear that the 7th respondent obtained necessary permits. In the light of the same, nothing survives in this case. If the petitioner is aggrieved by the licence issued to the 7 th respondent, he is at liberty to challenge the same in accordance to law.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 8912 OF 2012 6 APPENDIX OF WP(C) 8912/2012 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE ROUGH SKETCH OF THE PROPERTY OF THE 7TH RESPONDENT IN PAZHAMCHIRA PADASEKHARAM.
EXHIBIT P2 PHOTOCOPY OF THE COMPLAINT OF 2ND PETITIONER TO THE 2ND RESPONDENT DATED 24-3-09.
EXHIBIT P3 PHOTOCOPY OF THE REPORT OF 4TH RESPONDENT TO 3RD RESPONDENT BEARING NO.AYL.32/11-12 DATED 10-1-12. EXHIBIT P4 PHOTOCOPY OF THE REPLY DATED 16-1-12 BEARING NO.28/12 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P5 PHOTOCOPY OF THE REPLY UNDER THE R.T.ACT FROM THE OFFCE OF THE 2ND RESPONDENT DATED 15-2-12 BEARING NO.D3 3668/2012.
EXHIBIT P6 PHOTOCOPY OF THE WRITTEN STATEMENT IN O.S.2238/09 OF THE 6TH RESPONDENT BEFORE MUNSIFF COURT, TRISSUR. EXHIBIT P7 PHOTOCOPY OF REPORT IN MATHRUBHUMI DAILY DATED 11-1-12 EXHIBIT P8 PHOTOCOPY OF THE REPORT IN MATHRUBHUMI DAILY DATED 16-1-12.
EXHIBIT P9 PHOTOCOPY OF THE STOP MEMO DATED 1-3-
12 ISSUED BY 5TH RESPONDENT TO THE 7TH RESPONDENT.
RESPONDENTS EXHIBITS :
EXHIBIT R7(A) PHOTOSTAT COPY OF THE PERMISION GRANTED BY THE DISTRICT COLLECTOR, THRISSUR DATED 3.12.03.
EXHIBIT R7(B) TRUE COPY OF THE ORDER WP(C) NO. 8912 OF 2012 7 NO.D.DIS.31550/4/B1 DATED 14.7.2004 ISSUED BY DISTRICT COLLECTOR. EXHIBIT R7(C) PHOTOSTAT COPY OF THE BUILDING PERMIT FROM THE THRISSUR CORPORATION FOR THE CONSTRUCTION OF CREMATORIUM DATED 12.10.2011.
EXHIBIT R7(D) PHOTOSTAT COPY OF THE BUILDING PERMIT ISSUED BY TOWN PLANNER OF THRISSUR CORPORATION FOR THE CONSTRUCTION OF CREMATORIUM DATED 15.11.2010. EXHIBIT R7(E) PHOTOSTAT COPY OF THE PERMISSION GRANTED BY DISTRICT COLLECTOR U/S.484 OF THE MUNICIPALITIES ACT DATED 14.7.2004.
EXHIBIT R7(F) PHOTOSTAT COPY OF THE CONSENT GRANTED BY POLLUTION CONTROL BOARD TO OPERATE THE CREMATORIUM DATED 22.2.2012. EXHIBIT R7(G) PHOTOSTAT COPY OF THE CONSENT GRANTED BY POLLUTION CONTROL BOARD TO OPERATE THE CREMATORIUM DATED 3.1.2009. EXHIBIT R7(H) PHOTOSTAT COPY OF THE JUDGMENT IN WPC 29565/2011 DATED 7.12.2011.
EXHIBIT R7(I) TRUE COPY OF THE JUDGMENT IN W.A.1963/2011 DATED 21.12.2011. EXHIBIT R7(J) TRUE COPY OF THE AFFIDAVIT IN OS 673/2012 DATED 17.2.2012.
EXHIBIT R7(K) PHOTOSTAT COPY OF THE REPLY GIVEN BY THIS RESPONDENT TO EXT.P9 DATED 8.3.2012.
//TRUE COPY// PA TO JUDGE