Sebastian K.J vs State Of Kerala
2024 Latest Caselaw 4388 Ker

Kerala High Court

Sebastian K.J vs State Of Kerala on 6 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                    WP(C) NO.42061 OF 2023
PETITIONERS:

    1     SEBASTIAN K.J, AGED 60 YEARS, S/O.JOSEPH K.F,
          KODAKANADIYIL HOUSE, NELLIPPARA P.O., ALAKODE VIA,
          KANNUR DISTRICT, PIN - 670571
    2     FRANCIS K.M., AGED 62 YEARS, S/O.MATHEW FRANCIS,
          KODAKANADIYIL HOUSE,NELLIPPARA P.O., ALAKODE VIA,
          KANNUR DISTRICT, PIN - 670571
    3     MOLY JOSE, AGED 58 YEARS, W/O. V.C.GEORGE,
          KUDILIL HOUSE,NELLIPPARA .P.O., ALAKODE VIA,
          KANNUR DISTRICT, PIN - 670571
          BY ADV.M.R.JAYALATHA


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DISTRICT COLLECTOR, KANNUR,COLLECTORATE ROAD,
          CIVIL STATION, KANNUR, PIN - 670002
    3     DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT
          MEDICAL OFFICE (HEALTH), CIVIL STATION, KANNUR,
          PIN - 670002
    4     DEPUTY COLLECTOR (GENERAL), COLLECTORATE ROAD,
          CIVIL STATION, KANNUR, PIN - 670002
    5     ALAKODE GRAMA PANCHAYAT, REP BY ITS SECRETARY,
          ALAKODE P.O., KANNUR DISTRICT, PIN - 670571
    6     RAJAPPAN N.R., S/O.RAMAN, NELLIKUNNEL HOUSE,
          NELLIPPARA P.O., KAPPANA, ALAKODE VIA,
          KANNUR DISTRICT, PIN - 670571
 W.P.(C) No.42061 of 2023             2



*    7          THE CHAIRMAN
                SANTHIKUDEERAM CHARITABLE TRUST, ALAKODE ,
                NELLIPPARA .P.O., KAPPANA, ALAKODE VIA, KANNUR
                DISTRICT PIN -670 571
*               (ADDL.R7 IS IMPLEADED AS PER VIDE ORDER DATED
                18/12/2023 IN IA NO.1/2023)
                BY ADVS.
                R.RAJPRADEEP
                V.T.MADHAVANUNNI
                V.A.SATHEESH
                SR.GP.SMT.K.AMMINIKUTTY



         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   06.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.42061 of 2023                3



                                  JUDGMENT

The writ petition is filed challenging Ext.P14

order passed by the 2nd respondent District

Collector under Rule 6 of Clause 8 of the Kerala

Panchayat Raj (Burial And Burning Grounds) Rules,

1998 granting Ext.P15 licence to the 7th respondent

for construction of a burial ground in Alakode

Grama Panchayat.

2. Heard the learned counsel for the

petitioners, the learned Senior Government

Pleader, the learned Standing Counsel for the

Panchayat and the learned counsel for the addl.7th

respondent.

3. Ext.P11 is the notice of hearing issued by

the 2nd respondent/District Collector to the

petitioners to appear before the 4th respondent/

Deputy Collector on the basis of the objection

submitted by them. Pursuant to the said notice,

the petitioners appeared before the Deputy

Collector and after hearing them, Ext.P14 was

passed by the District Collector granting licence

to the addl.7th respondent for construction of a

new burial ground. Ext.P15 is the licence issued

pursuant to Ext.P14. According to the petitioners,

Ext.P11 notice was issued by the District

Collector and the matter was heard by the Deputy

Collector.

4. It is trite law that the 'one who decides

must hear'. Since the person, who passed Ext.P14

is not the person who heard the petitioners,

Ext.P14 is liable to be set aside. I do so.

Consequently, Ext.P15 licence is also set aside.

There will be a direction to the District

Collector to hear the petitioners and all

interested/affected persons pursuant to Ext.P6

judgment with due notice and pass orders, as

expeditiously as possible, at any rate, within a

period of two months from the date of receipt of a

copy of this judgment.

The 2nd respondent shall also communicate the

order to the parties.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/06/02/2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE APPLICATION FOR OBTAINING LICENCE TO START BURIAL GROUND DATED 1.12.2017 FILED BY THE 6TH RESPONDENT EXHIBIT P2 A TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY, ALAKODE PANCHAYAT DATED:NIL EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT/DISTRICT COLLECTOR BY THE PETITIONERS EXHIBIT P4 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT/DMO DATED 30.1.2018 EXHIBIT P5 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT/ALAKODE GRAMA PANCHAYAT DATED 12.1.2018 EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT VIDE WP(C) NO.5556/2018 DATED 2.8.2018 EXHIBIT P7 A TRUE COPY OF THE REPORT SUBMITTED BY THE DMO, KANNUR DATED 10.10.2018 EXHIBIT P8 A TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, ALAKODE DATED 11.2.2019 EXHIBIT P9 A TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR THALIPARAMBA DATED

5.9.2019

EXHIBIT P10 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 20/06/2020 EXHIBIT P11 A TRUE COPY OF THE HEARING NOTICE ISSUED BY THE DISTRICT COLLECTOR, KANNUR DATED 1.1.2021 NO.DCKNR/2018/ 2018 -D2 EXHIBIT P12 A TRUE COPY OF THE REPORT OF THE DEPUTY COLLECTOR (GENERAL) DATED 25.2.2021 EXHIBIT P13 A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 6.3.2021 EXHIBIT P14 A TRUE COPY OF THE PROCEEDINGS NO.DCKNR/2018/2018 -D2 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR DATED 20.9.2023 EXHIBIT P15 A TRUE COPY OF THE LICENCE NO.DCKNR/2018/2018-D2 ISSUED BY THE DISTRICT COLLECTOR DATED 20.9.2023