IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 22203 OF 2020
PETITIONER:
ENGALS P.KURIAN,
AGED 44 YEARS, S/O. KURIAN,
PANTHAPLACKAL HOUSE,ALLAPRA P O,
VENGOLA VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.
K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
SRI.M.A.AHAMMAD SAHEER
SRI.P.B.MUHAMMED AJEESH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION,
KAKKANAD, KOCHI - 682 031.
3 PERUMBAVOOR MUNICIPALITY
MUNICIPAL OFFICE, PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683 542,
REPRESENTED BY ITS SECRETARY.
4 THE SECRETARY
PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542.
W.P.(C)No.22203 of 2020
2
5 VENGOLA PANCHAYATH
VENGOLA P O, ERNAKULAM DISTRICT, PIN - 683 556,
REPRESENTED BY SECRETARY.
BY ADVS.
SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR
MUNICIPALITY
SHRI.C.A.NAVAS
SHRI.P.THOMAS GEEVERGHESE, SC, VENGOLA GRAMA
PANCHAYAT
SHRI.V.TEKCHAND, SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.22203 of 2020
3
JUDGMENT
Dated this the 20th day of May, 2022 S.Manikumar, C.J.
The prayers sought for in the writ petition are as follows:
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 3 and 4 to permit all corpses without any discrimination as to Covid-19 or non-Covid corpse to be cremated in the crematorium of Perumbavoor Municipality. ii. Declare that the decision with regard to the burial of the corpse on the basis of a disease is against the fundamental rights of 'Right to have Decent Life' guaranteed under Art.21 of the Constitution of India.
iii. Declare that discrimination of cremation or burying corpses on the basis of any criteria other than prescribed rules in that regard is against Art.21 of the Constitution."
2. On this day, when the matter came up for hearing, Mr.K.N.Abhilash, learned counsel appearing for the petitioner submitted that the writ petition has become infructuous. W.P.(C)No.22203 of 2020 4 Placing on record the abovesaid submission, instant writ petition is dismissed as infructuous.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv //true copy// P.A. to Judge