Kerala High Court
Kallikkuzhimbil Cremation Committee, ... vs Director, Scheduled Caste Development ... on 25 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 12633 OF 2023
PETITIONERS:
1 SHINOY O.M.,
AGED 40 YEARS
S/O.SURENDRAN, REVATHI NIVAS, KALLIKKUZHUMBIL
(H), CHELEMBRA P.O, MALAPPURAM DISTRICT, PIN -
673634
2 THANKAMANI O.M.,
AGED 60 YEARS
D/O.LATE.VELU, REVATHI NIVAS, KALLIKKUZHUMBIL
(H), CHELEMBRA P.O, MALAPPURAM DISTRICT, PIN -
673634
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENTS:
1 STATE OF KERALA, REP. BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
SCHEDULED CASTE/SCHEDULED TRIBE COMMISSION,
AYYANKALI BHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 605036
W.P.(C).Nos.12633 and 40669 of 2023
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2024:KER:79556
3 DISTRICT SCHEDULE CASTE DEVELOPMENT OFFICER,
DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE,
CIVIL STATION, MALAPPURAM DISTRICT, PIN - 676505
4 CHELEMBRA GRAMA PANCHAYATH, REP. BY ITS
SECRETARY,
GRAMA PANCHAYATH OFFICE, CHELEMBRA P.O,
MALAPPURAM DISTRICT, PIN - 673634
5 SECRETARY, CHELEMBRA GRAMA PANCHAYATH,
GRAMA PANCHAYATH OFFICE, CHELEMBRA P.O,
MALAPPURAM DISTRICT, PIN - 673634
6 KALLIKUZHUMB CREMATION COMMITTEE, REPRESENTED BY
ITS PRESIDENT
CHELEMBRA P.O, MALAPPURAM DISTRICT, PIN - 673634
BY ADVS.
PRASHANTH KUMAR G.C.
NIRMAL S
VEENA HARI(K/775/2006)
R.SUDHISH
M.MANJU
THIS WRIT PETITION (CIVIL)HAVING BEEN FINALLY HEARD ON
ON 09.02.2024, ALONG WITH WP(C).40669/2023, THE COURT ON
25.10.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.12633 and 40669 of 2023
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2024:KER:79556
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 40669 OF 2023
PETITIONER:
KALLIKKUZHIMBIL CREMATION COMMITTEE, REPRESENTED
BY ITS PRESIDENT,
AGED 43 YEARS
KALLIKKUZHIMBIL CREMATION COMMITTEE, CHELEMBRA
P.O, MALAPPURAM DISTRICT, BIJESH P, S/O
NEELAKANDAN, RESIDING AT PARALATH HOUSE,
CHELEMBRA PO, MALAPPURAM,, PIN - 673634
BY ADVS.
NIRMAL.S
VEENA HARI
K. REMIYA RAMACHANDRAN
KEERTHY JOHNSON
POOJA JOSE
RESPONDENTS:
1 DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
SCHEDULED CASTE / SCHEDULED TRIBE COMMISSION,
AYYANKALI BHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 605036
W.P.(C).Nos.12633 and 40669 of 2023
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2024:KER:79556
2 DISTRICT SCHEDULE CASTE DEVELOPMENT OFFICER,
DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE,
CIVIL STATION, MALAPPURAM DISTRICT, PIN - 676505
3 CHELEMBRA GRAMA PANCHAYATH, REP. BY ITS
SECRETARY,
GRAMA PANCHAYTH OFFICE, CHELAMBRA P.O, MALAPPURAM
DISTRICT, PIN - 673634
4 SHINOY O.M.,
AGED 40 YEARS
S/O.SURENDRAN, REVATHI NIVAS, KALLIKKUZHUMBIL
HOUSE, CHELEMBRA P.O, MALAPPURAM DISTRICT, PIN -
673634
5 THANKAMANI O.M.,
AGED 60 YEARS
D/O.LATE. VELU, REVATHI NIVAS, KALLIKKUZHUMBIL
HOUSE, CHELEMBRA P.O., MALAPPURAM, PIN - 673634
BY ADVS.
PRASHANTH KUMAR G.C.
SANTHARAM.P
R.SUDHISH
M.MANJU
REKHA ARAVIND
P.G.GOKULNATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
ON 09.02.2024, ALONG WITH WP(C).12633/2023, THE COURT ON
25.10.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos.12633 and 40669 of 2023
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2024:KER:79556
V.G.ARUN, J
= = = = = = = = = = = = = = = = =
W.P.(C).Nos.12633 and 40669 of 2023
= = = = = = = = = = = = = = = = = =
Dated this the 25th day of October, 2024
JUDGMENT
These writ petitions were disposed of by a common
judgment dated 27.02.2024. Thereafter, the petitioners in W.P.
(C).No.12633 of 2023 filed a review petition. The review was
allowed and that judgment, recalled. As the issues in the two
writ petitions are intrinsically connected and were disposed of
by a common judgment, the judgment in W.P.(C).No.40669 of
2023 is suo motu recalled.
2. Heard, learned counsel appearing for the respective
parties.
3. The dispute involved in these writ petitions is regarding
proposal for widening the pathway in Ward No.8 of Chelembra
Panchayat, starting from Aikkarappady Road and leading upto
the residences of the petitioners in W.P.(C) No.12633 of 2023
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
and others. The subject pathway lies adjacent to burial
ground controlled by the petitioner in W.P.(c).No.40669 of
2023. With the intention of widening the pathway, some of the
adjacent property owners relinquished portions of their land
and the Panchayat formulated a project for the purpose. As the
land in which the crematorium is situated belongs to the
Scheduled Cast Development Department and a portion of that
land was essential for forming the road, the matter was taken
up with the officials of that Department. Thereupon, the
District Scheduled Caste Development Officer issued a
communication stating that the road can be constructed,
subject to the dilapidated boundary walls of the burial
ground being reconstructed and a new shed constructed
inside the burial ground. Thereafter, in an attempt to widen the
pathway and form the road, a portion of the crematorium was
dug up using an excavator. This led to large scale protest and
stoppage of the work. W.P.(C) No.12633 of 2023 is filed seeking
a writ of mandamus directing the Panchayat to proceed with
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
the work. The prayer in W.P.(C) No.40669 of 2023 is for a writ
of mandamus directing the authorities to restore the burial
ground to its original state.
4. I heard the learned Counsel appearing for the writ
petitioners in both the cases, the learned Counsel for the
Panchayat and the learned Government Pleader.
5. In the light of the arguments advanced and documents
produced, I am of the opinion that equity can be worked out by
making provision for road access to the residents of the area,
while taking only minimum extent of land from the burial
ground. Accordingly, the Panchayat is permitted to construct
the road on the eastern side of the burial ground (smasanam)
leading up to the Aikkarappady Road, by annexing 1 metre
from the eastern side of the burial ground to the existing
pathway, for a length of 70 metres. The portion thus annexed
shall be measured and demarcated in the presence of the
District Schedule Caste Development Officer. The Panchayat
shall, simultaneous with the construction of the road,
W.P.(C).Nos.12633 and 40669 of 2023
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construct the compound wall of the burial ground and the
shed/choola as per the earlier understanding. No portion of the
burial ground, other than the area measured out in the
presence of the District Schedule Caste Development Officer,
shall be utilised for constructing the road. Till the road is
constructed, the petitioners in W.P.(C).No.12633 of 2023 shall
be permitted to use the pathway as it originally existed. The
above directions are issued with reference to the sketch
produced by the District Scheduled Castes Development Officer
and marked as Exhibit R3(g) in W.P.(C).No.12633 of 2023.
The writ petitions are disposed of with the above
observations.
sd/-
V.G.ARUN, JUDGE
sj
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
APPENDIX OF WP(C) 40669/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPROVAL DATED
16/02/2022 OF THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION SENT TO
THE 2ND RESPONDENT DATED 22/03/2023
Exhibit P3 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 29/03/2023
Exhibit P4 TRUE COPY OF THE RTI REPLY FROM THE
VILLAGE OFFICE, CHELEMBRA DATED
29/03/2023
Exhibit P5 TRUE COPY OF THE REPLY UNDER RTI ACT
FROM THE 3RD RESPONDENT DATED
11/04/2023
Exhibit P6 TRUE COPY OF THE COMPLAINT DATED
21/11/2023 ALONG WITH TYPED COPY AND
RECEIPT
RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the minutes book of the
meeting held on 30.01.2021
Exhibit R4(b) True copy of the relevant page of the
Revenue Record
Exhibit R4(c) True copy of the communication dated
30.06.2021 issued by the 2nd respondent
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
Exhibit R4(d) True copy of the relevant page of the
asset register
Exhibit R4(e) True copy of the report dated
11.11.2020 submitted by the Village
Officer, Chelembra Village
Exhibit R4(f) True copy of the letter dated
08.03.2023 issued by the Scheduled
Caste Development Officer to the
Inspector of Police, Thenhippalam
Police Station
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
APPENDIX OF WP(C) 12633/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF MINUTES OF THE MEETING
DATED 30.01.2021
Exhibit P2 TRUE COPY OF PROPOSAL SENT BY 5TH
RESPONDENT TO 3RD RESPONDENT DATED
24.02.2021
Exhibit P3 TRUE COPY OF LETTER ISSUED BY 3RD
RESPONDENT TO 5TH RESPONDENT DATED
30.06.2021
Exhibit P4 A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY
HAFSATH V.K
Exhibit P4(a) A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY
FASALUDEEN P
Exhibit P4(b) A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY 2ND
PETITIONER.
Exhibit P4(c) A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY 1ST
PETITIONER
Exhibit P4(d) A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY
SATHEESH.
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
Exhibit P4(e) A TRUE COPY OF LAND RELINQUISHMENT
FORMS DATED 25.08.2021 SUBMITTED BY
VELAYUDHAN K
Exhibit P5 A TRUE COPY OF LETTER ISSUED BY 2ND
RESPONDENT TO 3RD RESPONDENT DATED
16.02.2022
Exhibit P6 EXHIBIT P5 COMMUNICATED TO 5TH
RESPONDENT BY 3RD RESPONDENT BY LETTER
DATED 03.03.2022
Exhibit P7 LETTER DATED 22.03.2022 ISSUED BY 3RD
RESPONDENT TO 5TH RESPONDENT
Exhibit P8 PROJECT FORMULATION FORM OF
KALLIKKUZHIMBIL CREMATORIUM
CONSERVATION PROJECT DATED 04.03.2023.
Exhibit P9 A TRUE COPY OF ESTIMATE OF THE WORK NIL
DATED
Exhibit P10 A TRUE COPY OF LETTER DATED 03.03.2022
ISSUED BY 3RD RESPONDENT TO 5TH
RESPONDENT
Exhibit P11 LETTER DATED 08.03.2023 ISSUED BY
SCHEDULED CASTE DEVELOPMENT OFFICER,
KONDOTTY
Exhibit P12 A TRUE COPY OF LETTER DATED 15.03.2023
ISSUED BY 5TH RESPONDENT TO 3RD
RESPONDENT
W.P.(C).Nos.12633 and 40669 of 2023
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RESPONDENT EXHIBITS
Exhibit R6(a): true copy of the representation sent to
the 3th Respondent dated 22/03/2023
Exhibit R6(b): True copy of the Report
PETITIONER EXHIBITS
Exhibit P13 TRUE COPY OF THE REPORT 11.11.2020 BY
THE VILLAGE OFFICER
Exhibit P14 TRUE COPY OF THE RELEVANT PAGE OF THE
ASSET REGISTER
Exhibit P15 TRUE COPY OF THE COMPLAINT NIL DATED
FILED BY THE 2ND PETITIONER
Exhibit P15 (a) TYPE WRITTEN COPY OF THE EXHIBIT P15
Exhibit P16 TRUE COPY OF THE RECEIPT DATED
21.11.2023 ISSUED BY THE THENJIPALAM
POLICE
RESPONDENT EXHIBITS
Exhibit R6 (c) True copy of the RTI Reply dated
29/03/2023
Exhibit R6 (d) True copy of the RTI Reply dated
11/04/2023
W.P.(C).Nos.12633 and 40669 of 2023
2024:KER:79556
EXHIBIT R3(a) TRUE COPY OF THE LETTER NO.B1/364/2021
DATED 01/02/2021 SENT BY THE 5TH
RESPONDENT TO 3RD RESPONDENT
EXHIBIT R3(b) TRUE COPY OF THE LETTER DATED
17/02/2021SENT BY THE REVENUE
DIVISIONAL OFFICER,TIRUR TO THE 3RD
RESPONDENT
EXHIBIT R3(c) TRUE COPY OF THE LETTER NO.S1/2015/21
DATED 23/03/2021 SENT BY THE 3RD
RESPONDENT TO SCHEDULED CASTE
DEVELOPMENT OFFICER,KONDOTTY BLOCK
EXHIBIT R3(d) TRUE COPY OF THE LETER NO,300/2021
DATED 16/04/2021 ISSUED BY THE
SCHEDULED CASTE DEVELOPMENT
OFFICER,KONDOTTY BLOCK TO 3D RESPONDENT
EXHIBIT R3(e) TRUE COPY OF THE LETTER NO.B1/364/2021
DATED 24/09/2021 ISSUED BY THE 5TH
RESPONDENT TO 3RD RESPONDENT
EXHIBIT R3(f) TRUE COPY OF THE LETTER
NO.S1/2015/2021/DATED 15/01/2022 OF
DISTRICT SCHEDULED CASTE DEVELOPMENT
OFFICER ,MALAPPURAM
EXHIBIT R3(g) TRUE COPY OF THE REPORT AND SKETCH OF
THE LAND SENT BY THE 3rd RESPONDENT ON
29/03/2023 TO THE 5th RESPONDENT
EXHIBIT R3(h) TRUE COPY OF THE LETTER
NO.S1/2015/21(1)DATED 29/03/2023 ISSUED
BY THE 3rd RESPONDENT TO 2nd RESPONDENT
