M.K.Suresh vs The District Collector
2021 Latest Caselaw 23684 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 27123 OF 2021
PETITIONERS:

    1     M.K.SURESH,
          AGED 52 YEARS
          S/O. KUMARAN, MANAPILLYTHARA HOUSE, ELANTHIKARA P.O,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN 683594.

    2     E.A. RAJESH,
          S/O. AYYAPPAN, ENCHARAKUNNIL HOUSE, ELANTHIKARA P.O,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN 683594.

    3     P.V. AYYAPPAN,
          S/O. VELAYUDHAN, PUTHUTHARA HOUSE, ELANTHIKARA P.O,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN 683594.

    4     T.D. VELAYUDHAN,
          S/O. DIVAKARAN, THEKKUMPURATH HOUSE, ELANTHIKARA P.O,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN 683594.

    5     P.V. VISWANATHAN,
          S/O. DEVAKARAN, PURAPETTIL HOUSE, ELANTHIKARA P.O,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, PIN 683594.

          BY ADVS.
          K.S.RAJESH
          M.SHAJU PURUSHOTHAMAN
RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          ERNAKULAM, CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN 682 030.

    2     THE SECRETARY,
          PUTHENVELIKKARA GRAMA PANCHAYAT, PUTHENVELIKKARA,
          ERNAKULAM DISTRICT, PIN 683512.

    3     PUTHENVELIKKARA GRAMA PANCHAYAT,
          PUTHENVELIKKARA, ERNAKULAM DISTRICT, REPRESENTED BY
          IT'S SECRETARY, PIN 683 512.

          JACOB E SIMON-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27123 OF 2021

                                      2




                               JUDGMENT

This writ petition is filed seeking directions to the 1 st respondent

to consider and pass orders on Ext.P1 representation after hearing the

petitioners.

2. Heard the learned counsel for the petitioners, the learned

Government Pleader as well as the learned counsel for the respondent-

Panchayat.

3. It is submitted that the Panchayat is taking hasty steps to construct

a gas/electric crematorium in the property situated in Ward No.VII of

the Panchayat. It is submitted by the learned counsel for the petitioners

that the petitioners are residents of the ward and that they are aggrieved

by the action of the Panchayat. They have submitted Ext.P1

representation before the 1st respondent and seeks a consideration of the

same.

4. Without expressing any view on the merits of the matter, there

will be a direction to the 1 st respondent to take up Ext.P1 representation

preferred by the petitioners and to consider and pass orders on the WP(C) NO. 27123 OF 2021

same, in accordance with law, after hearing the representative of the

persons who have submitted the representation as also the 3rd

respondent and any other affected parties in accordance with law.

Orders shall be passed within a period of six weeks from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27123 OF 2021

APPENDIX OF WP(C) 27123/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 30.10.2021 FILED BY PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL