Kerala High Court
Shivanna B.R vs District Collector on 4 June, 2024
W. P. (C) No. 24043 of 2023
..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 24043 OF 2023
PETITIONER:
SHIVANNA B.R., AGED 62 YEARS,
S/O. LATE RAMA, CHENAKKODU HOUSE, MADHUR
VILLAGE, POST HIDAYATHNAGAR, KASARAGOD, PIN -
671123.
BY ADV. SRI. KODOTH SREEDHARAN
RESPONDENTS:
1 DISTRICT COLLECTOR,
KASARAGOD, CIVIL STATION COMPOUND, VIDHYA NAGAR,
KASARAGOD, PIN - 671123.
2 MADHUR GRAMA PANCHAYATH,
REPRESENTED BY THE SECRETARY, MADHUR P.O.,
KASARAGOD, PIN - 671124.
ADV. SRI.P.B.KRISHNAN (SR.) ALONG WITH
ADVS. M/S. P.B.SUBRAMANYAN, SABU GEORGE,
B.ANUSREE, MANU VYASAN PETER & MEERA P. FOR R2
SMT.G.SHEEBA, GP FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 24043 of 2023
..2..
MOHAMMED NIAS C. P. , J.
============================
W. P. (C) No. 24043 of 2023
============================
Dated this the 4th day of June, 2024
JUDGMENT
The petitioner submits that he is a resident of Madhur Village
and states that there is a burial and burning ground in 10.250 cents
of land in R.S.No. 141/4 in existence from time immemorial. The
petitioner also states that the same is government property and the
2nd respondent Panchayat is maintaining the same. He further
alleges that there is no other burial and burning ground in the
village. His complaint is that, in violation of the Kerala Panchayat
Raj (Burial and Burning Grounds) Rules, 1998, the respondents are
now initiating steps to construct an Anganwadi in the above
referred property.
2. The respondent Panchayat has filed a counter in which it is
stated that the subject property has been lying unutilized for a long
time and is not being used as burial or burning ground. It is also
stated that sanction was obtained from the revenue authorities for
the purpose of construction of a Smart Anganwadi. Ext.R2(a) is the
..3..
sanction obtained from the Director of Women and Child
Development Department, Trivandrum dated 30.3.2022, pursuant
to which a tender was floated and construction commenced. It is
also pointed out that a burial and burning ground in R.S.No. 480/2
of Madhur Panchayat is renovated and converted into a gas
crematorium as per the order of the District Collector, Kasargod
dated 5.11.2019 and the same is at a distance of less than
3 kilometers from the subject property. It is also pointed out that
the construction was carried out only after obtaining all the
necessary administrative sanctions. The counter also refers to a
suit O.S.No.206/2023 before the Munsiff Court, Kasargod,
challenging the construction and praying for an injunction. The
same was dismissed and this Writ Petition was filed 10 days
thereafter.
3. The District Collector has also filed a counter stating that
the functioning of the burial ground in the subject property stopped
5 years back due to public complaints and that, a new gas
crematorium has also been constructed at a distance of less than
three kilometers from the subject property. The Smart Anganwadi
construction was carried out only after receiving all administrative
sanctions and the same would be beneficial for a large number of
..4..
children in the locality.
4. Heard Sri. Kodoth Sreedharan, learned counsel for the
petitioner, Sri.P.B.Subramanyan, learned Standing Counsel for the
Panchayat and Smt. Sheeba G. learned Government Pleader.
5. Sri. Kodoth Sreedharan, learned counsel for the petitioner,
refers to Sec.279 of the Kerala Panchayat Raj Act and argues that
the Village Panchayat can change the user only after a notification
issued by the Government and that the change of the user by the
Panchayat is wrong.
6. It has to be straightaway noticed that the Village
Panchayat has the exclusive power to deal with the land even if it is
a puramboke, subject to such restrictions and control as prescribed
for regulating the use of such land. It is seen from the documents
that administrative sanction has been granted which itself shows
that the government permitted the construction of the Anganwadi.
I do not see any violation of Section 279 of the Kerala Panchayat
Raj Act in the instant case. That apart, I find force in the argument
of the learned counsel Sri.P.B.Subramanyan, that the writ petition
is filed only as an attempt to stall the construction after a suit in
that regard failed. It is pointed out that there is a gas crematorium
at a distance of less than three kilometres from the burial ground in
..5..
question and what has come up, with the sanction of the
government, is a Smart Anganwadi which also caters to the needs
of small children of the area. No grounds are made out to grant any
relief in this Writ Petition.
The Writ Petition lacks merit and the same is accordingly
dismissed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
..6..
APPENDIX OF WP(C).NO.24043/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BASIC TAX REGISTER
MAINTAINED IN THE VILLAGE OFFICE,
MADHUR DATED 09.06.2023.
RESPONDENTS' EXHIBITS:
EXT.R2(A) TRUE COPY OF THE SANCTION
NO.DWCD/937/2022-ICDSAB ISSUED BY THE
DIRECTOR OF WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DATED 30-03-
EXT.R2(B) TRUE COPY OF THE PROCEEDINGS OF THE
EXECUTIVE ENGINEER LID AND EW
DIVISION, KASARAGOD DATED 20-02-2023
EXT.R2(C) TRUE COPY OF THE ORDER OF DISTRICT
COLLECTOR DATED 05-11-2019
EXT.R2(D) TRUE COPY OF THE PLAINT IN O.S.NO.206
OF 2023 IN THE FILE OF MUNSIFF COURT,
KASARAGOD
EXT.R2(E) TRUE COPY OF THE ORDER OF THE MUNSIFF
COURT, KASARAGOD IN I.A.NO.2 OF 2023
IN O.S.NO.206 OF 2023 DATED 10-07-2023
