Safiya vs The State Of Kerala
2022 Latest Caselaw 9755 Ker

W.P.(C) No. 20588/2012            :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

                         WP(C) NO. 20588 OF 2012

PETITIONER/S:

           SAFIYA
           AGED 42 YEARS
           W/O. POOVATHUMPARAMBIL RAYIL, MELEKULAM DESOM,
           THAZHEKODE AMSOM, PERINTHALMANNA TALUK.

           BY ADVS.
           SRI.G.SREEKUMAR (CHELUR)
           SRI.K.RAVI PARIYARATH



RESPONDENT/S:

     1     THE STATE OF KERALA
           REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
           695 001.

     2     THE DISTIRCT COLLECTOR
           COLLECTORATE, MALAPPURAM 678 001.

     3     THE REVENUE DIVISIONAL OFFICER
           PERINTHALMANNA TALUK OFFICE, MALAPPURAM DISTRICT. 673 001.

     4     MELEKALATHIL MASJIDULHUD PALLI COMMITTEE
           REP. BY ITS SECRETARY, NEYYAPADAN ABBAS, NEYYAPADAN HOUSE,
           THAZHEKODE P.O., MALAPPURAM DISTRICT. 673 001.

     5     MELEKALATHIL MASJIDULHUD PALLI COMMITTEE
           REP. BY ITS PRESIDENT, PUZHIKUNNAN ASHRAF, S/O.KUNJITHU,
           PUZHIKUNNAN HOUSE, THAZHEKODE WEST P.O, MALAPPURAM
           DISTRICT. 673 001.

     6     THE THAZHEKODE PANCHAYATH
           REP.BY ITS SECRETARY, THAZHEKODE P.O,
           MALAPPURAM DISTRICT. 673 001.

           BY ADVS.
           SRI.U.K.DEVIDAS
 W.P.(C) No. 20588/2012               :2:


           SRI.V.MUHAMMED RAFEEQ




           R1 TO 3 - SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER

           R6 BY SRI. U.K. DEVIDAS




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 20588/2012            :3:


                 Dated this the 26th day of August, 2022.
                             JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the second respondent, as also the third and sixth respondents to see that no illegal burial is held at the instance of the respondents 4 and 5 in the compound of the mosque in the interest of justice.

2. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2, 3 and 6 to consider Exts.P1 to P3 and to pass appropriate orders in accordance with law, within such time as may be fixed by this Hon'ble Court in the interest justice.

2. The grievance highlighted by the petitioner is that

respondent Nos. 4 and 5 are attempting to have a burial ground in the

site belonging to a mosque, of which respondent Nos. 4 and 5 are the

office bearers. It is further contended that no sanction is secured by

respondents 4 and 5 to maintain a burial ground. The further case of

the petitioner is that about 25 families are residing in and around the

property in question and if burial is conducted, it would be in

violation of the provisions of the Kerala Panchayat Raj (Burial and

Burning Grounds) Rules, 1998. It is also pointed out that a minimum

distance of 50 meters is prescribed under the said Rules; however, no

such distance would be able to be maintained, if burial is done in the

property in question.

3. The petitioner has submitted Ext. P3 complaint before the

District Collector for ventilating her grievance, and it was remaining

without being adjudicated or addressed. Hence, this writ petition.

4. After having heard the learned counsel for the petitioner Sri.

Sreekumar G. Chelur and the learned Senior Government Pleader Sri.

Joby Joseph, this writ petition is disposed of, directing the District

Collector, Malappuram, to consider Ext. P3 in accordance with law

and conclude the proceedings at the earliest, and at any rate within

three months from the date of receipt of a copy of this judgment, after

providing an opportunity of hearing to all concerned. Since the subject

matter is very old, pending before this court from the year 2012, the

petitioner is directed to produce a copy of this writ petition along with

all attendant documents before the District Collector within two

weeks from today.

                                    sd/­    SHAJI P. CHALY, JUDGE.
Rv



                               APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE REPRESENTATION FILED BY THE PERSONS OF THE LOCALITY DATED 16.10.2008.

EXT.P2: TRUE COPY OF HTE REPRESENTATION DATED NIL SUBMITTED BEFORE THE 6TH RESPONDENT.

EXT.P3: TRUE COPY OF THE COMPLAINT BEFORE THE SECOND RESPONDENT DATED 01.09.2012.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv