Musjid Ul Thekkwa Juma Masjid ... vs Wandoor Grama Panchayath
2023 Latest Caselaw 10398 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                           WP(C) NO. 22880 OF 2023
PETITIONER/S:

            MUSJID UL THEKKWA JUMA MASJID KUTTIYIL
            AGED 56 YEARS
            KUTTIYIL, VANIAMBALAM.P.O, MALAPPURAM DISTRICT, KERALA
            REPRESENTED BY ITS SECRETARY E.P. SAKEER HUSSAIN, PIN -
            679339
            BY ADVS.
            K.ANAND
            HUSSAIN KOYA VALIYAVEEDAKATH
            BENNY ANTONY PAREL
            AMEER SALIM


RESPONDENT/S:

     1      WANDOOR GRAMA PANCHAYATH
            WANDOOR P.O, MALAPPURAM DISTRICT, KERALA REPRESENTED BY ITS
            SECRETARY., PIN - 679328
     2      DISTRICT MEDICAL OFFICER (HEALTH)
            CIVIL STATION, B3 BLOCK, MALAPPURAM, PIN - 676505
     3      THE DISTRICT COLLECTOR
            COLLECTORATE, CIVIL STATION, UP HILL, MALAPPURAM, PIN -
            676505
            BY ADV VINOD RAVINDRANATH


OTHER PRESENT:

            GP-SHEEBA.G


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.22880 of 2023
                ------------------------------------------------
                      Dated this the 30th day of September, 2023

                                   JUDGMENT

Petitioner is an ancient Sunni Mosque situated in Wandoor Grama

Panchayat, Malappuram District, Kerala. Petitioner filed an application

before the 1st respondent Panchayat for permission to open a burial

ground. The Panchayat recommended the same and thereafter a fitness

certificate was obtained from the 2nd resondent. The application has now

been placed before the District Collector. According to the petitioner,

unless a time bound consideration is carried out, petitioner would be put

to great prejudice.

2. Having heard the learned Counsel for the petitioner, the

learned Government Pleader as well as the learned Standing Counsel for

the Panchayat, I am satisfied that this writ petition can be disposed of with

a direction.

3. Accordingly, there will be a direction to the 3rd respondent to

consider Ext.P1 application filed by the petitioner for opening a burial

ground, as expeditiously as possible, at any rate, within a period of three

months from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly.

BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF WP(C) 22880/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LICENSE APPLICATION DATED 30.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE WANDOOR GRAMA PANCHAYATH Exhibit P2 TRUE COPY OF THE RESOLUTION NO.1(1) OF WANDOOR GRAMA PANCHAYAT MEETING DATED 27.01.2022 Exhibit P3 TRUE COPY OF THE ORDER NO.C3/2296/2022 DATED 21.02.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS EVIDENCE IN THE MAHAL COMMITTEE HAS COMPLETED THE CONSTRUCTION OF THE BURIAL GROUND IN COMPLIANCE WITH THE DIRECTIONS CONTAINED IN EXHIBIT P-3 Exhibit P5 TRUE COPY OF THE "FINAL FITNESS CERTIFICATE" NO C3/2296/2022 DATED 27/12/2022 ISSUED BY THE 2ND RESPONDENT