Rev. Fr. K.V. Daniel vs State Of Kerala
2024 Latest Caselaw 27069 Ker

Kerala High Court

Rev. Fr. K.V. Daniel vs State Of Kerala on 6 September, 2024

WP(C) NO. 21717 OF 2024            1


                                                       2024:KER:68036
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                        WP(C) NO. 21717 OF 2024

PETITIONER:

          REV. FR. K.V. DANIEL,
          AGED 63 YEARS
          S/O. VARGHESE, RESIDING AT KIZHAKKE VILA HOUSE,
          AYIRUR, THRISSUR, VOICE OF GOSPEL TRUST,
          CEMETERY ROAD, MISSION QUARTERS,
          THRISSUR DISTRICT,
          PIN - 680001


          BY ADVS.
          K.MOHANAKANNAN
          A.R.PRAVITHA



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
          KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003

    3     THE DISTRICT MEDICAL OFFICER (HEALTH),
          ST.THOMAS AUTONOMOUS COLLEGE, NEAR, BENNETTE RD,
          KEERANKULANGARA, THRISSUR, PIN - 680005

    4     THE VILLAGE OFFICER,
          CHENGALOOR, THRISSUR DISTRICT,
          PIN - 680312
 WP(C) NO. 21717 OF 2024             2


                                                           2024:KER:68036
    5       PUDUKAD GRAMA PANCHAYAT,
            REPRESENTED BY ITS SECRETARY PUTHUKKAD,
            THRISSUR, PIN - 680301

    6       THE PANCHAYAT COMMITTEE,
            REPRESENTED BY ITS PRESIDENT,
            PUDUKAD GRAMA PANCHAYAT, PUTHUKKAD,
            THRISSUR, PIN - 680301




            R1 TO R4 BY SMT.PREETHA K.K., SENIOR GOVERNMENT PLEADER
            R5 & R6 BY SRI. K.S. BHRATHAN, STANDING COUNSEL


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21717 OF 2024                   3


                                                                   2024:KER:68036


                                  JUDGMENT

The petitioner has preferred Ext.P9 appeal against the rejection of his

application for putting up a cemetery/burial ground. The petitioner submits

that Ext.P9 is pending before the first respondent.

2. Accordingly, there will be a direction to the first respondent to

consider and dispose of Ext.P9 appeal with notice to petitioner and respondents

5 and 6 and also after getting sufficient inputs from the other statutory

authorities concerned. The orders shall be passed within two months from the

date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE DCS

2024:KER:68036 APPENDIX OF WP(C) 21717/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 1035/2018 OF NELLAYI SUB REGISTRY DATED 08/05/2018

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT DATED 06/02/2019

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO. C1/1505/2019 DDIS ISSUED BY THE DISTRICT TOWN PLANNER DATED 07/09/2019

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE PANCHAYAT DATED 09/02/2019

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION BEARING NO.

A4-9469/20 SENT BY THE 5 TH RESPONDENT TO THE 3 RD RESPONDENT DATED 27/04/2020

EXHIBIT P6 TRUE COPY OF THE DECISION NO. 19/1 TAKEN BY THE GRAMA PANCHAYAT DATED 22/02/2020

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION BEARING NO.

C6-6756/2020/G.M.O SENT BY THE 3 RD RESPONDENT TO THE 2ND RESPONDENT DATED 03/08/2020

EXHIBIT P8 TRUE COPY OF COMMUNICATION SENT BY THE DISTRICT COLLECTOR TO THE PETITIONER DATED 24/08/2020

EXHIBIT P9 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE GOVERNMENT OF KERALA UNDER SECTION 6(10) OF THE KERALA PANCHAYAT RAJ (BURIAL AND BURNING GROUNDS) RULES 1998 ON 28/09/2020

EXHIBIT P10 TRUE COPY OF THE LETTER SENT BY THE 1 ST RESPONDENT TO THE 5 TH RESPONDENT DATED 05/08/2023

EXHIBIT P11 TRUE COPY OF THE REPORT SUBMITTED BY THE PANCHAYAT BEFORE THE 1 ST RESPONDENT DATED 04/09/2023

2024:KER:68036

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION SENT BY THE PANCHAYAT TO THE PANCHAYAT JOINT DIRECTOR DATED 04/10/2023