Jayan Parameswaran vs The District Collector Kannur
2022 Latest Caselaw 9425 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 17TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944
                   WP(C) NO. 21240 OF 2022
PETITIONER:

          JAYAN PARAMESWARAN
          AGED 60 YEARS
          S/O K. PARAMESWARAN, RESIDING AT
          EESWAR, VAMAL PARAMBATHU, NETTUR P.O.,
          THALASSERY, KANNUR , PIN - 670105
          BY ADV M.JAYAKRISHNAN

RESPONDENTS:

    1     THE DISTRICT COLLECTOR KANNUR
          COLLECTORATE, CIVIL STATION KANNUR, CIVIL STATION
          P.O., THAVAKKARA, KANNUR, PIN - 670002
    2     SUB DIVISIONAL MAGISTRATE
          OFFICE OF THE SUB DIVISIONAL MAGISTRATE,
          PALISSERY, THALASSERY P.O., KANNUR., PIN - 670101
    3     THAHASILDAR (LR) THALASSERY
          OFFICE OF THE THALASSERY THAHASILDAR (LR), 2ND
          FLOOR, MINI CIVIL STATION, PALISSERY, THALASSERY
          P.O., KANNUR, PIN - 670101
    4     VILLAGE OFFICER
          THALASSERY VILLAGE, THALASSERY VILLAGE OFFICE,
          PALISSERY, THALASSERY P.O., KANNUR , PIN - 670101
    5     THALASSERY MUNCIPALITY
          REPRESENTED BY THE SECRETARY, M.G. ROAD,
          PALISSERY, THALASSERY P.O, KANNUR, PIN - 670101
    6     THE COMMISSIONER OF POLICE KANNUR DISTRICT
          OFFICE OF THE COMMISSIONER OF POLICE KANNUR CITY,
          CIVIL STATION P.O., KANNUR., PIN - 670002
    7     THE STATION HOUSE OFFICER
          DHARMADOM POLICE STATION, DHARMADOM P.O., KANNUR,
          PIN - 670106
    8     MANNAYAD MAHAL MUSLIM JUMA ATH COMMITTEE
          REPRESENTED BY SECRETARY, AAMOOKKA PALLI, NEAR
          VAMAL PARAMBU, NETTUR P.O. THALASSERY, KANNUR.,
          PIN - 670105
          BY ADVS.
          SHRI.I.V.PRAMOD, SC, MUNICIPALITY
          K.SIJU
 W.P.(C).No.21240/2022

                             2



           S.ABHILASH
           ANJANA KANNATH
           T.S.SREEKUTTY
           I.V.PRAMOD
           DEEPA NARAYANAN, SR.GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 17.08.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.21240/2022

                                       3




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.21240 of 2022
              ----------------------------------------------
            Dated this the 17th day of August, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Mandamus or any other appropriate writ order or direction, directing the respondents 1 to 7 to restrain the illegal burial of corpse by the 8th respondent in the puramboke land adjacent to the residential house of the petitioner herein.

ii. Issue a writ of Mandamus or any other appropriate writ order directing the respondents 3 and 4 to implement Exhibit P5 order passed the 2nd respondent herein.

iii. Direct the 2nd respondent to dispose Exhibit P13 Execution Petition expeditiously as possible with in a time frame fixed by this Honourable Court. iv. Grant such other reliefs as this Honorable Court would deem fit and proper.

v. Allow the costs of the petitioner.

(SIC)

2. The main prayer in this writ petition is to

implement Ext.P5 order. It is submitted by the learned W.P.(C).No.21240/2022

Standing Counsel for the Municipality that Ext.P5 order is

stayed by this Court in Crl.M.C.No.4739 of 2022, and the

order is produced as Ext.R8(c). In the light of the same,

nothing survives in this writ petition. The first prayer in the

writ petition is to issue a direction to respondents 1 to 7 to

restrain the illegal burial of corpse by the 8 th respondent in

the puramboke land adjacent to the residential house of the

petitioner. When the Sub Divisional Magistrate already

initiated steps under Cr.P.C. and the same is stayed by this

Court invoking the powers under Section 482 Cr.P.C, it is not

proper for this Court to pass orders invoking the powers

under Article 226 of the Constitution.

Therefore, this writ petition is closed, leaving open all

the contentions raised by the petitioner and the petitioner is

free to raise all these contentions in Crl.M.C.No.4739 of 2022

pending before this Court.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.21240/2022

APPENDIX OF WP(C) 21240/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 03.01.2022 Exhibit P2 TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 18.06.2021 Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 11.02.2022 Exhibit P4 TRUE COPY OF THE LETTER NO. E3 RTAI/3737/2022 DATED 07.03.2022 Exhibit P5 TRUE COPY OF THE ORDER NO. E1-

243247/2020 DATED 23.06.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE PLAINT IN O.S. NO 130/2021 ON THE FILES OF THE COURT OF THE MUNSIFF, THALASSERY.

Exhibit P7 TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY ADV. K. NARAYANAN BEFORE THE MUNSIFF COURT THALASSERY, DATED 01.07.2021 Exhibit P8 TRUE COPY OF THE ORDER DATED 15.03.2021 IN I.A. NO. 2/2021 IN O.S. NO. 130/2021 ON THE FILES OF THE COURT OF MUNSIFF, THALASSERY Exhibit P9 A TRUE COPY OF THE PROSECUTION PETITION FILED BY THE PETITIONER BEFORE THE COURT MUNSIFF, THALASSERY DATED 17.09.2021 Exhibit P10 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 8TH RESPONDENT IN O.S. NO. 130/2021 Exhibit P11 A TRUE COPY OF THE ORDER DATED 15.02.2022 IN I.A. NO. 2/2021 IN O.S. NO. 130/2021 ON THE FILES OF THE COURT OF MUNSIFF THALASSERY.

Exhibit P12 TRUE COPY OF THE C.M.A NO.2/2022 FILED BY THE PETITIONER BEFORE THE COURT OF DISTRICT JUDGE THALASSERY.

W.P.(C).No.21240/2022

Exhibit P13 TRUE COPY OF THE EXECUTION PETITION NO 857/2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.03.2022.

RESPONDENT EXHIBITS Exhibit R8(a) TRUE COPY OF THE LETTER DATED 08/01/2022 ISSUED BY THE ADDL.CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA TO THE 8TH RESPONDENT.

Exhibit R8(b) TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 8TH RESPONDENT BEFORE THE 2ND RESPONDENT ON 21/10/2020.

Exhibit R8(c) THE COPY OF INTERIM ORDER DATED 25/07/2022 PASSED IN CRL.MC.NO.4739/2022.