Kumaran vs Pulpally Grama Panchayat
2022 Latest Caselaw 3090 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                        WP(C) NO. 9063 OF 2022
PETITIONER:

          KUMARAN
          AGED 47 YEARS
          S/O MUCHAN, MADAPARAMP, ATHIRATTUKUNNU, PULPALLY,
          POOTHADI, SULTHAN BATHERY, WAYANAD - 673 596.
          BY ADVS.
          TONY THOMAS (INCHIPARAMBIL)
          E.S.FIROS


RESPONDENTS:

          PULPALLY GRAMA PANCHAYAT
    1     REP. BY ITS SECRETARY, PANCHAYATH OFFICE, PULPALLY,
          SUTHANBATHERY, WAYANAD - 670 645.
          DISTRICT MEDICAL OFFICER,
    2     WAYANAD, OFFICE OF THE DMO, MANANTHAWADI, WAYANAD - 670
          645.
          DISTRICT COLLECTOR,
    3     WAYANAD DISTRICT, CIVIL STATION, KALPETTA NORTH P.O.,
          WAYANAD - 673 122.
          THE DIVISIONAL FOREST OFFICER,
    4     SOUTH WAYANAD FOREST DIVISION, MUNDERI, PINAGOD ROAD,
          KALPETTA - 673 121.
          BY ADV SHRI.MANOJ RAMASWAMY, SC, PULPALLY GRAMA
          PANCHAYAT

          SANDESH RAJA K.SPL.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9063 OF 2022

                                      2


                       JUDGMENT

Dated this the 17th day of March, 2022

This writ petition is filed seeking the

following reliefs:

"a.Call for the records leading upto Ext.P5 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction. b.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to consider and pass orders on Ext.P6 within a time frame fixed by this Hon'ble Court after affording an opportunity to the petitioner."

2. Heard the learned counsel for the petitioner

and the learned Government Pleader as well as the

learned Standing Counsel appearing for the

Gramapanchayat.

3. It is submitted by the learned counsel for

the petitioner that a provisional NOC has been granted

by the District Medical Officer for the establishment of

a burial ground in premises very near to petitioner's

residential house. It is submitted that the petitioner

has submitted Exhibit P6 objection before the District WP(C).No.9063 OF 2022

Collector with regard to the establishment of the burial

ground in the proposed premises.

Having heard the learned Government

Pleader as well as the learned Standing Counsel , I am

of the opinion that since the petitioner has raised an

objection, the same is liable to be considered in

accordance with law. There will, accordingly, be a

direction to the 3rd respondent to take up Exhibit P6

representation submitted by the petitioner and to

consider and pass orders on the same after hearing

the petitioner, the Grama Panchayat, the

representatives of the Forest Department and any

other affected parties, in accordance with law.

Appropriate steps shall be taken within a period of one

month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/17/03 WP(C).No.9063 OF 2022

PETITIONER'S EXHIBITS:

TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER, SL NO.5 AND OTHERS UNDER Exhibit P1 SEC.249 OF THE PANCHAYATH RAJ ACT TO THE 1ST RESPONDNT DATED ON 24.06.2021. TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER, SL.NO.5, AND OTHERS UNDER Exhibit P2 SEC.80 OF THE CPC TO OFFICIAL RESPONDENTS DATED 24.06.2021.

               TRUE    COPY     OF    THE    PLAINT    IN
Exhibit P3     O.S.NO.158/2021 BEFORE THE MUNSIFF COURT,

SULTHAN BATHERY DATED 31.08.2021. TRUE COPY OF THE REPORT AND SKETCH OF THE Exhibit P4 ADVOCATE COMMISSIONER IN EXT.P3 SUIT DATED 13.09.2021.

TRUE COPY OF THE PROVISIONAL NOC ISSUED BY THE 2ND RESPONDENT BEARING Exhibit P5 NO.C2/5558/21/G.M.O.[H] DEPT DATED 25.05.2021.

A TRUE COPY OF THE COMPLAINT SUBMITTED BY EXHIBIT P6 THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.01.2022.

    RESPONDENTS' EXHIBITS:    NIL



    SSK                  //TRUE COPY//       PA TO JUDGE