Engals P.Kurian vs State Of Kerala
2022 Latest Caselaw 5438 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944

                       WP(C) NO. 22203 OF 2020

PETITIONER:

            ENGALS P.KURIAN,
            AGED 44 YEARS, S/O. KURIAN,
            PANTHAPLACKAL HOUSE,ALLAPRA P O,
            VENGOLA VILLAGE, ERNAKULAM DISTRICT.

            BY ADVS.
            K.N.ABHILASH
            SRI.SUNIL NAIR PALAKKAT
            SRI.M.A.AHAMMAD SAHEER
            SRI.P.B.MUHAMMED AJEESH


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
            SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2       THE DISTRICT COLLECTOR
            ERNAKULAM, CIVIL STATION,
            KAKKANAD, KOCHI - 682 031.

    3       PERUMBAVOOR MUNICIPALITY
            MUNICIPAL OFFICE, PERUMBAVOOR,
            ERNAKULAM DISTRICT, PIN - 683 542,
            REPRESENTED BY ITS SECRETARY.

    4       THE SECRETARY
            PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE,
            PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542.
 W.P.(C)No.22203 of 2020
                                  2


    5      VENGOLA PANCHAYATH
           VENGOLA P O, ERNAKULAM DISTRICT, PIN - 683 556,
           REPRESENTED BY SECRETARY.

           BY ADVS.
           SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR
           MUNICIPALITY
           SHRI.C.A.NAVAS
           SHRI.P.THOMAS GEEVERGHESE, SC, VENGOLA GRAMA
           PANCHAYAT
           SHRI.V.TEKCHAND, SR. G.P.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.22203 of 2020
                                    3


                               JUDGMENT

Dated this the 20th day of May, 2022

S.Manikumar, C.J.

The prayers sought for in the writ petition are as follows:

"i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 3 and 4 to permit all corpses without any discrimination as to Covid-19 or non-Covid corpse to be cremated in the crematorium of Perumbavoor Municipality. ii. Declare that the decision with regard to the burial of the corpse on the basis of a disease is against the fundamental rights of 'Right to have Decent Life' guaranteed under Art.21 of the Constitution of India.

iii. Declare that discrimination of cremation or burying corpses on the basis of any criteria other than prescribed rules in that regard is against Art.21 of the Constitution."

2. On this day, when the matter came up for hearing,

Mr.K.N.Abhilash, learned counsel appearing for the petitioner

submitted that the writ petition has become infructuous. W.P.(C)No.22203 of 2020

Placing on record the abovesaid submission, instant writ

petition is dismissed as infructuous.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

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P.A. to Judge