O.E.Abraham vs State Of Kerala
2024 Latest Caselaw 5483 Ker

Kerala High Court

O.E.Abraham vs State Of Kerala on 16 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                   WP(C) NO. 24126 OF 2015
PETITIONERS:

    1    O.E.ABRAHAM
         S/O.EAPEN, AGED 68 YEARS, OOLACKAL HOUSE,
         ULIKKAL, KANNUR-670705.
    2    N.P.ABDULLA HAJI
         S/O.KUNHALI, AGED 57 YEARS, KHADEEJA VILLA,
         C.P.K.H. HOUSE, ULIKKAL, KANNUR-670705.
    3    SHAJI P.K.
         S/O.KURIAN, AGED 52 YEARS, PUTHIYEDATH THAZHATHU
         HOUSE, ULIKKAL, KANNUR-670705.
         BY ADVS.
         SRI.T.KRISHNANUNNI (SR.)
         SRI.M.DEVESH
         SRI.K.C.KIRAN
         SMT.MEENA.A.
         SRI.SAJU.S.A
         SRI.VINOD RAVINDRANATH

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, LOCAL SELF
          GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, KANNUR-670001.
    3     THE ADDITIONAL DISTRICT MAGISTRATE
          COLLECTORATE, KANNUR-670001.
    4     TAHSILDAR
          TALIPARAMBA, KANNUR-670001.
    5     ULIKKAL GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, ULIKKAL P.O.,
          KANNUR-670705.
    6     THE DISTRICT MEDICAL OFFICER
          KANNUR-670003.
    7     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,
          KANNUR DISTRICT OFFICE, KANNUR-670001.
 WP(C).No.24126/2015

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    8          FR.ROBIT PHILIP
               VICAR, INFANT JESUS CHURCH, ULIKKAL P.O.,
               IRITTY VIA, KANNUR 670705.
               BY ADVS.SRI.T.TAVEEN, SC
               SRI.CIBI THOMAS
               SRI.GRASHIOUS KURIAKOSE SR.
               SRI.GEORGE MATHEWS
               SRI.B.PRASANTH, SC, POLUTION CONTROL BOARD


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   16.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.24126/2015

                                         3




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.24126 of 2015
               ----------------------------------------------
            Dated this the 16th day of February, 2024


                               JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ, order or direction calling for the records resulting in Exhibits P9, P10 and P11 Orders, scrutinize and quash the same. ii. issue a writ of mandamus or any other appropriate writ or direction to respondents 2 to 7 to prevent the construction of the cemetery pursuant to Exhibit P11 Order.

iii. Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioners may pray from time to time.

(SIC)

2. When this writ petition came up for consideration,

the learned Senior Counsel Sri.Gracious Kuriakose, who is

appearing for the 8th respondent, submitted that the impugned

order is challenged by another person, which is considered by

a Single Judge of this Court and the same is confirmed by the

Division Bench in Writ Appeal No.1137/2015. The counsel for

the petitioners submitted that he has no instruction from the

parties about the same.

3. In the light of the above submission of the counsel

for the 8th respondent, I think this writ petition need not be

retained here.

This writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 24126/2015

PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED 8/11/2010 ALONG WITH ANNEXURES SUBMITTED BY 8TH RESPONDENT FOR LICENCE FOR ESTABLISHING A BURIAL GROUND IN THE PROPERTY AS PER THE PROVISIONS OF KERALA PANCHAYATH RAJ (BURIAL AND BURNING GROUNDS RULES) 1998.

EXHIBIT P2- TRUE COPY OF THE DIFFERENT SITE AND LAY OUT PLAN FOR THE PROPOSED CEMETERY SUBMITTED BY 8TH RESPONDENT. EXHIBIT P3- TRUE COPY OF THE BUILDING PERMIT GRANTED TO THE PETITIONER DATED 10/11/2010.

EXHIBIT P4- TRUE COPY OF THE REPORT DATED 8/7/2011 SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF THE CONSENT ISSUED BY THE 7TH RESPONDENT DATED 6/9/2011.

EXHIBIT P6- TRUE COPY OF THE OBJECTION DATED 21/5/12 SUBMITTED BY THE PEPTITIONERS TO THE 2ND RESPONDENT. EXHIBIT P7- TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 26/2/2013. EXHIBIT P8- TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 11/9/2013. EXHIBIT P9- TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 3/3/2014. EXHIBIT P10- TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 11/8/2014. EXHIBIT P11- TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/12/2014. EXHIBIT P12- TRUE COPY OF THE JUDGMENT DATED 26/2/2015 IN W.P.(C) NO.33823/2014. EXHIBIT P13- TRUE COPY OF THE ORDER DATED 29/5/2015 OF THE MUNSIFF, THALIPARAMBA.