Sasikumar vs Kareepra Grama Panchayat
2021 Latest Caselaw 13486 Ker

         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.
                                -2-

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:
                                     -3-

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;"

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.

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

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.

sD/-

SHAJI P.CHALY JUDGE hmh

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