Abu.K.M v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 27111 of 2015 (L) ---------------------------- PETITIONER(S):

----------------- 1.

ABU.K.M., AGED 34 YEARS S/O.MUHAMMED KUNNASSERYPALLAM HOUSE MULLAMKUZHI, THOTTUMUGHAM P.O., ALUVA, PIN - 683 105.

ALUVA EAST VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT.

2.

UMMER K.A., AGED 43 YEARS, S/O.ALIYAR KUZHIKKATTUMALIL HOUSE, MULLAMKUZHI THOTTUMUGHAM P.O., ALUVA, PIN - 683 105 ALUVA EAST VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT.

BY ADVS.SRI.T.H.ABDUL AZEEZ SRI.V.A.AJMAL SRI.K.N.MUHAMMED THANVEER RESPONDENT(S):

------------------ 1.

THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.

2.

THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU, COCHIN - 682 030.

3.

KEEZHMADU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ERUMATHALA P.O., ALUVA, PIN - 683 112.

4.

THE SECRETARY, KEEZHMADU GRAMA PANCHAYATH ERUMATHALA P.O., ALUVA, PIN - 683 112.

R BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.27111 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE GOVERNMENT OF KERALA BY THE PETITIONERS.

EXHIBIT P2 :

TRUE COPY OF THE IMPUGNED ORDER DATED 13/7/2015 PASSED BY THE DISTRICT COLLECTOR, ERNAKULAM.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.27111 of 2015 --------------------- Dated this the 9th day of September, 2015

J U D G M E N T

Ext.P1 appeal has been filed by the petitioners under Rule 6(10) of the Kerala Panchayat Raj (Burial & Burning Grounds) Rules, 1998. The said appeal has been preferred with the first respondent against Ext.P2 order of the second respondent granting licence to set up a public crematorium.

2. It is open to the petitioners to apply for appropriate interim orders in Ext.P1 appeal pending with the first respondent. Any motion made in that regard shall be dealt with within a period of one months of its preferment.

3. Every endeavour shall be made to dispose of Ext.P1 appeal also expeditiously. The same shall be done within a period of four months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

V.CHITAMBARESH, Judge.

nj.