Kerala High Court
Varghese Thomas vs State Of Kerala on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 10821 OF 2014
PETITIONER/S:
VARGHESE THOMAS, AGED 48 YEARS, S/O.THOMAS,
PALLANKAL HOUSE, P.O KULAMAVU, IDUKKI DISTRICT.
BY ADVS.
SRI.KOSHY GEORGE
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
MINISTRY OF REVENUE & RECORDS, SECRETARIAT,
THIRUVANANTHAPURAM 695 023.
2 THE CHIEF CONSERVATOR OF FORESTS
KOTTAYAM 686 610.
3 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI 685 602.
4 THE DISTRICT MEDICAL OFFICER
OFFICE OF THE DMO, PAINAVU, IDUKKI 685 603.
5 THE VILLAGE OFFICER
IDUKKI VILLAGE, IDUKKI 685 602.
6 THE SECRETARY, ARAKKULAM GRAMA PANCHAYATH,
MOOLAMATTOM P.O, IDUKKI 685 589.
7 T.BIJUMON, BETHEL BRETHREN CHURCH, KULAMAVU P.O,
IDUKKI 685 601.
WP(C) NO. 10821 OF 2014
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8 THE STATION HOUSE OFFICER, KULAMAVU POLICE
STATION, KULAMAVU P.O, IDUKKI 685 601.
BY ADVS.
SRI.GEORGE MATHEW
SRI.S.R.SREEJITH
SPECIAL GOVERNMENT PLEADER - SRI.T.P.SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10821 OF 2014
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JUDGMENT
The writ petition is filed seeking for a
direction to respondents 1 to 6 and 8 to direct
the seventh respondent and his men to bury their
dead only after complying with the conditions
stipulated in Ext.P16.
2. On 11.04.2014, when the case came up for
hearing, this Court, by an interim order,
directed respondents 1 to 6 and 8 to ensure that
the seventh respondent is opening and starting
the functioning of the burial ground only after
complying with the conditions in Ext.P16.
3. It is to be noted that after 2014, this
case came up only in 2023. The learned counsel
for the petitioner submits that the writ petition
can be closed making the interim order absolute.
Therefore, recording the submission of the
learned counsel for the petitioner, the writ
petition is closed, making the interim order
WP(C) NO. 10821 OF 2014
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absolute with liberty to the petitioner to
approach this Court if any further grievance
persists.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
WP(C) NO. 10821 OF 2014
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APPENDIX OF WP(C) 10821/2014
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF THE JUDGMENT IN OS
23/05 OF THE MUNSIFFS COURT IDUKKI
DATED 5.8.06.
EXHIBIT P2. COPY OF THE COMPLAINT DATED
28.4.05.
EXHIBIT P3. COPY OF THE COVERING LETTER
DATED 07.013 OF THE STATE PUBLIC
INFORMATION OFFICER & DEPUTY COLLECTOR
(GENERAL) IDUKKI.
EXHIBIT P4. COPY OF THE PROCEEDINGS
DATED 4.2.97 OF THE 6TH RESPONDENT
PANCHAYATH.
EXHIBIT P5. COPY OF THE APPLICATION
GIVEN BY THE 7TH RESPONDENT FOR LICENSE
TO OPEN AND MAINTAIN BURIAL GROUND IN
THE PANCHAYATH AREA.
EXHIBIT P6. COPY OF THE ROUGH SKETCH OF
THE AREA WITH THE PROPOSED BURIAL
GROUND PREPARED BY THE 5TH RESPONDENT
VILLAGE OFFICER.
EXHIBIT P7. COPY OF THE LETTER OF THE
3RD RESPONDENT DATED 26.4.97.
EXHIBIT P8. COPY OF THE LETTER DATED
23.4.97 OF THE 3RD RESPONDENT TO THE
5TH RESPONDENT.
EXHIBIT P9. COPY OF THE REMINDER SENT
TO THE 4TH RESPONDENT ON 21.6.97 BY THE
3RD RESPONDENT.
WP(C) NO. 10821 OF 2014
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EXHIBIT P10.COPY OF THE REMINDER SENT
BY THE 3RD RESPONDENT TO THE 5TH
RESPONDENT DATED 21.6.97.
EXHIBIT P11.COPY OF THE REPORT OF THE
5TH RESPONDENT DATED 2.7.97.
EXHIBIT P12.COPY OF THE REPORT OF THE
4TH RESPONDENT DATED 19.7.97.
EXHIBIT P13.COPY OF THE LETTER OF THE
3RD RESPONDENT TO THE 7TH RESPONDENT
DATED 20.10.97.
EXHIBIT P14.COPY OF THE NOTICE ISSUED
BY THE 3RD RESPONDENT DATED 24.10.97.
EXHIBIT P15.COPY OF THE NOTICE
PUBLISHED IN DEEPIKA DAILY DATED
21.3.99.
EXHIBIT P16. COPY OF THE PROCEEDINGS OF
THE 3RD RESPONDENT DATED 30.10.99.
EXHIBIT P17. COPY OF THE LETTER OF THE
5TH RESPONDENT DATED 1.2.14.
