Kerala High Court
Thahira C.K vs The Chittariparamba Grama Panchayat on 3 November, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 43109 OF 2023 1
2025:KER:83067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 43109 OF 2023
PETITIONER/S:
1 THAHIRA C.K.
AGED 51 YEARS
W/O ABOOBACKER, E.N. THAHIRAS, P.O.
CHITTARIPARAMBA, PRASANTHAM ROAD, MANANTHERI,
KANNUR, KERALA, PIN - 670650
2 V.V. ABBAS
AGED 79 YEARS
S/O ABDU NUSRATH MANZIL, MANANTHERI KANNUR, KERALA,
PIN - 670650
3 FIROZ C.K
AGED 41 YEARS
S/O. ABBAS, NASRATH MANZIL, POOVATHINKEEZHIL P.O.
CHITTARIPARAMBA - ,THALASSERY TALUK, PIN - 670650
4 ABDU RAHMAN CP
AGED 60 YEARS
S/O MOOSA HAJI, SHIYAS MAHAL, POOVATHIKEEZHIL,
CHITARIPARAMBA, MANANTHERI, KANNUR, KERALA,, PIN -
670650
5 C.P. HAFSATH
AGED 49 YEARS
W/O BASHEER K K, RASIM MAHAL, POOVATHINKEEZHIL,
CHITTARIPARAMBA, MANANTHERI, KANNUR, PIN - 670650
6 VINOD P.K
AGED 48 YEARS
WP(C) NO. 43109 OF 2023 2
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S/O. BALAN NAMBIAR, SUKRUTHAM', POOVATHINKEEZHIL,
P.O. CHITTARIPARAMBA THALASSERY TALUK, PIN - 670650
BY ADVS.
SHRI.K.V.PAVITHRAN
SHRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SHRI.JITHIN S SUNDARAN
SHRI.ADARSH KURIAN
RESPONDENT/S:
1 THE CHITTARIPARAMBA GRAMA PANCHAYAT
REP. BY ITS SECRETARY, P.O. CHITTARIPARAMBA,
THALASSERY TALUK,KANNUR DISTRICT,KERALA, PIN -
670650
2 THE SECRETARY, CHITTARIPARAMBA GRAMA PANCHAYA
T, P. O. CHITTARIPARAMBA, THALASSERY TALUK,KANNUR
DISTRICT, KERALA., PIN - 670650
3 THE DISTRICT COLLECTOR
, KANNUR, CIVIL STATION, P. O. KANNUR,, PIN -
670002
4 THE SECRETARY TO THE GOVERNMENT OF KERALA,
LSGD (RURAL) THIRUVANANTHAPURAM, P. O.
THIRUVANANTHAPURAM, PIN - 695001
BY ADV SHRI.P.U.SHAILAJAN
OTHER PRESENT:
GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 43109 OF 2023 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 43109 of 2023
--------------------------------------
Dated this the 3rd day of November, 2025
JUDGMENT
The above writ petition is filed with following
prayers :
(i) "Issue a writ of certiorari quashing Ext. P8 Order
granting permission to the 1st respondent for construction
and/or operation of gas-operated crematorium within 50 meters
of the petitioners' residence, as it violates the provisions in
Kerala Panchayat Raj (Burial and Cremation Grounds) Rules of
1998.
(ii) Issue writ or Order preventing the respondents 1 & 2
from establishing and/or operating gas-operated crematorium
on the strength of Ext. P8 Order as it is illegal and in
contravention of the rules stipulated in the Kerala Panchayat
Raj (Burial and Cremation Grounds) Rules of 1998.
(iii) Alternatively directing the Respondent No. 4 to
reconsider Ext. P10 Appeal on merit and pass appropriate
orders directing the Respondent No. 1 & 2 to relocate the gas-
operated crematorium to a location in compliance with the
minimum distance requirements prescribed by law.
2025:KER:83067
(iv) Issue any other order or direction which this Hon'ble
court may deem fit and proper in the facts and circumstances of
the case.
(v) To dispense with the filing of the translation of
vernacular documents." [sic]
2. When this writ petition came up for
consideration, the counsel for the petitioners submitted that
the petitioners will be satisfied if a direction is issued to the
4th respondent to consider Ext.P10 appeal.
3. Heard the learned Government Pleader and
the Standing Counsel appearing for the Panchayat.
4. After hearing both sides, I think that prayer
can be allowed.
Therefore, this writ petition is disposed of with the
following directions :
1) The 4th respondent is directed to consider Ext.P10 and
pass appropriate orders in it, after giving an opportunity
of hearing to the petitioners and other affected parties, if
any, as expeditiously as possible, at any rate, within two
months from the date of receipt of a certified copy of this
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judgment.
2) The petitioners will produce a certified copy of this
judgment before the 4th respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 03/11/25
Judgment dictated 03/11/25
Draft judgment placed 04/11/25
Final judgment uploaded 04/11/25
2025:KER:83067
APPENDIX OF WP(C) 43109/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GIFT DEED DATED 05-02-
2015 REGISTERED AS DOC NO. 364/2015
Exhibit P2 A TRUE COPY OF THE GIFT DEED DATED 07-05-
2013 REGISTERED AS DOC NO. 1518/2013
Exhibit P3 A TRUE COPY OF THE DOCUMENT DATED 01-03-
1988 REGISTERED AS DOC NO. 434/1988
Exhibit P4 A TRUE COPY OF THE DOCUMENT DATED 01-03-
1988 REGISTERED AS DOC NO. 435/1988
Exhibit P5 THE TRUE COPY OF THE RESPONSE DATED.
14/11/2023 RECEIVED UNDER RTI ACT
Exhibit P6 THE TRUE COPY OF THE NOTICE INVITING
OBJECTION BY DISTRICT COLLECTOR TOWARDS
GRANTING OF LICENSE TO RESPONDENT NO.1
DATED. 14/07/2022 OBTAINED UNDER RTI ACT
Exhibit P7 THE TRUE COPY OF THE PAPER PUBLICATION
PUBLISHED IN DESHABHIMANI DAILY INVITING
OBJECTION BY DISTRICT COLLECTOR TOWARDS
GRANTING LICENSE TO RESPONDENT NO.1
OBTAINED UNDER RTI ACT ON 14-11-2023
Exhibit P8 THE TRUE COPY OF THE ORDER PASSED BY
DISTRICT COLLECTOR GRANTING LICENSE TO
RESPONDENT NO.1 DATED 04/11/2022 OBTAINED
UNDER RTI ACT
Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT DATED 18/03/2019 MADE
Exhibit P10 THE TRUE COPY OF THE APPEAL FILED BEFORE
SECRETARY LSGD, THIRUVANANTHAPURAM ON
12/12/2023
Exhibit P11 THE TRUE COPY OF THE POSTAL RECEIPT FOR
FILING THE APPEAL FILED BEFORE SECRETARY
LSGD, THIRUVANATHAPURAM ON 12/12/2023
Exhibit P12 TRUE COPY OF THE SITE PLAN INDICATING THE
DISTANCE FROM NEARBY RESIDENCES
