Kerala High Court
Sojan Devassia vs The State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 11993 OF 2018
PETITIONER:
SOJAN DEVASSIA
AGED 39, S/O.DEVASSIA, ONATTUKUNNEL HOUSE, MULAPRAM
P.O., NEYSSERI VILLAGE, THODUPUZHA, IDUKKI-685581.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KARIMANUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KARIMANNUR P.O.,
IDUKKI-685607.
3 THE PRESIDENT
PANCHAYATH COUNCIL, KARIMANUR GRAMA
PANCHAYATH,KARIMANNUR P.O., IDUKKI-685607.
4 THE FOREST RANGE OFFICER
KALIYAR FOREST RANGE, KALIYAR P.O., IDUKKI-685607.
5 THE SECRETARY TO THE GOVERNMENT FOREST DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
6 THE DISTRICT COLLECTOR
IDUKKI-685581.
BY ADVS.SRI.BIMAL K.NATH, SR.G.P
SMT.STINNIE JOHN
KUM.VINILA CHANDRABOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11993 OF 2018
2
JUDGMENT
The Writ Petition is filed by a person, who residing in Neyssery Village having certain properties. His grievance is that the respondents 2 and 3 proposes to construct a public cemetery.
2. The relief sought for in the present writ petition are as follows:
"(i) Issue a Writ of Mandamus or any other writ order or direction commanding the respondents 2 and 3 not to construct any crematorium as is proposed in Sy. No 90/5 of the Neyssery Village and having an extent of 0.2840 acres, as is seen in Exts P1 to P4 and in Ext-P18, or any waste dumping yard, adjoining the same; in the interest of justice.
(ii) Issue a writ of Mandamus or any other writ order or direction commanding the 1st respondent to conduct an enquiry through the District Collector as to the state of affairs which have taken place of the proposal of the Panchayath to have a crematorium constructed and the dumping yard, on the basis of the facts enumerated by the petitioner, within stipulated time limits in the interest of justice.
(iii) Issue a writ of Mandamus or any other writ order or direction commanding the 2 nd respondent WP(C) NO. 11993 OF 2018 3 not to implement the decision taken in Ext.P18, and if found necessary by this Honourable Court to quash Ext.P18, by the issue of a Writ of Certiorari, in the interest of justice."
3. Exts.P12 and P15 are two mass objections raised by the residents of the said Panchayat against starting of the public crematorium. The learned counsel for the petitioner points out that the 2nd respondent is under obligation to call for objections from the public and then conduct a hearing and thereafter decide the issue as to whether the public crematorium had to be established or not. This Writ Petition has been filed as early as on 02.04.2018.
4. The respondents 2 and 3 has filed a counter affidavit. In paragraph 7 of the counter affidavit it is stated that no residential building is situated near the property and the environmental issues will not come if the crematorium is constructed in the property. Therefore, the Panchayat asserts in their counter affidavit that the statutory requirement had been complied with.
5. The reading of the counter affidavit, however, does not show as to whether at present the Panchayat has carried WP(C) NO. 11993 OF 2018 4 on with the construction of the crematorium and which has been effected. The petitioner, however, asserts that no further steps have been taken in this regard by the panchayat.
In view of the above submissions, I am of the considered view that this Writ Petition can be disposed of by directing the 2nd respondent to consider Ext.P15 representation by the petitioner and others and if required issue a public notice calling for the objections and take a final decision in this regard, at any rate within a period of six months from the date of receipt of a copy of this judgment.
Sd/-EASWARAN.S JUDGE lsn WP(C) NO. 11993 OF 2018 5 APPENDIX OF WP(C) 11993/2018 PETITIONER EXHIBITS EXHIBIT P1- A TRUE COPY OF THE COMMUNICATION ISSUED AT THE INSTANCE OF THE DISTRICT POLICE CHIEF, IDUKKI 01/09/2011 WITH COVERING LETTER DATED 13/05/2015. EXHIBIT P2- A TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER, HEALTH, IDUKKI DATED 13/07/2011.
EXHIBIT P3- A TRUE COPY OF THE COMMUNICATION BY THE DISTRICT MEDICAL OFFICER, HEALTH, IDUKKI DATED 14/12/2012.
EXHIBIT P4- A TRUE COPY OF THE NOTICE ISSUED DATED 28/02/2014.
EXHIBIT P5- A TRUE COPY OF THE REPORT OF THE RDO, IDUKKI, DATED 18/01/2014.
EXHIBIT P6- A TRUE COPY OF THE SITE PLAN ISSUED BY THE VILLAGE OFFICER, NAYSSERY DATED DATED 03/03/09.
EXHIBIT P7- A TRUE COPY OF THE DECISION OF THE SECOND RESPONDENT DATED 19/08/2010. EXHIBIT P8- A TRUE COPY OF THE RECEIPT ISSUED BY THE KARIMANNUR GRAMA PANCHAYATH DATED 16/08/2010.
EXHIBIT P9- A TRUE COPY OF THE CONSENT GIVEN TO THE PANCHAYATH DATED 10/08/2010. EXHIBIT P10- A TRUE COPY OF THE LETTER BY THE SNDP YOGAM BRANCH-233, KARIMANNUR DATED 12/08/2010.
EXHIBIT P11- A TRUE COPY OF THE FURTHER COMMUNICATION BY THE SNDP BRNACH 233, KARIMANNOR DATED 12/08/2010.
EXHIBIT P12- A TRUE COPY OF THE MASS PETITION BY THE PERSONS OF THE LOCALITY BEFORE THE DISTRICT COLLECTOR DATED NIL.
EXHIBIT P13- A TRUE COPY OF THE NOTICE AT THE INSTANCE OF THE RDO, IDUKKI DATED NIL. WP(C) NO. 11993 OF 2018 6 EXHIBIT P14- A TRUE COPY OF THE OBJECTION RAISED BY ONE SHAIJU PAUL, DATED 17/04/2015. EXHIBIT P15- A TRUE COPY OF THE MASS PETITION DATED 22/03/2015.
EXHIBIT P16- A TRUE COPY OF THE COMMUNICATION BY THE FOREST RANGE OFFICER, KALIYAR DATED 02/02/2018.
EXHIBIT P17- A TRUE COPY OF THE NOTICE ISSUED BY THE LOK ADALATH, MUTTOM DATED 05/11/2017.
EXHIBIT P18- A TRUE COPY OF THE ORDER PASSED IN THE LOK ADALATH, MUTTOM, THODUPUZHA DATED 10/01/2018.
EXHIBIT P19- A TRUE COPY OF THE COMMUNICATION BY THE KARIMANNOOR GRAMA PANCHAYATH DATED 25/02/2015.
EXHIBIT P20- A TRUE COPY OF THE PUBLIC NOTICE ISSUED IN THIS REGARD NIL.
EXHIBIT P21- A TRUE COPY OF THE SATELLITE IMAGES TAKEN DATED NIL.
RESPONDENTS EHXIBITS: NIL TRUE COPY P.A TO JUDGE LSN