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High Court of KeralaWP(C)/28967/2015disposed of

K.P.Vijayan v. State Of Kerala

2015-09-234 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 ---------------------------------------- PETITIONER:

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

K.P.VIJAYAN, AGED 52 YEARS S/O. KRISHNAN, KUNNUMPURATH (H) PROPPAYIL P.O.

VIA CHERUPUZHA, KANNUR DISTRICT - 670 511 PRESIDENT, SREE DHARMASASTHRA TEMPLE MULAPPRA, PROPPAYIL P.O., 670 511 2.

KODAKKAL MOHANAN S/O. KRISHNAN NAIR, KODAKKAL HOUSE MULAPPRA, PROPPAYIL P.O.

VIA CHERUPUZHA, KANNUR DISTRICT - 670 511 PRESIDENT, KAKKARA KAVU BHAGAVATHI TEMPLE MULAPPRA, PROPAYIL P.O., - 670 511 BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS:

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

STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001 2.

DISTRICT COLLECTOR, COLLECTORATE, KANNUR - 670 001 3.

THE DEPUTY COLLECTOR COLLECTROATE KANNUR - 670 001 4.

DISTRICT MEDICAL OFFICER, KANNUR - 670 001 5.

CHIEF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD PAYYANNUR - 670 307

6.

CHERUPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY CHERUPUZHA GRAMA PANCHAYAT KANNUR DISTRICT.

7.

FR. XAVIOUR PUTHAN PURAKKAL S/O. JACOB, AGED 35 YEARS VICAR, ST. ALPHONSE CHURCH MULAPPRA, PROPPAYIL P.O.

KANNUR - 670 511 R1 TO R4 BY GOVERNMENT PLEADER SRI. K.C. VINCENT R5 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE ORDER DATED 9.9.2015 AND COVERING LETTER DATED 17.09.2015 P2 :

COPY OF THE AGREEMENT DATED 03.07.2015 BETWEEN THE RESPONDENT NO. 1 AND SRI. GOPINATH P3 :

COPY OF THE ORDER DATED 26.08.2014 P4 :

COPY OF THE REPRESENTATION DATED 9.9.2015 SUBMITTED BY THE 1ST PETITIONER P5 :

COPY OF THE REPRESENTATION DATED 9.9.2015 SUBMITTED BY THE 2ND PETITIONER P6:

COPY OF THE APPEAL MEMORANDUM DATED 22.09.2015 FILED BEFORE THE 1ST RESPONDENT P7:

COPY OF THE LETTER DATED 15.10.2012 BY THE SECRETARY OF THE PANCHAYAT TO THE SECOND RESPONDENT P8:

COPY OF THE REPRESENTATION DATED 04.09.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 28967 OF 2015 ---------------------------------------- Dated this the 23rd day of September, 2015

JUDGMENT

The petitioners have filed Ext. P6 appeal against Ext.P1 order as regards the use of land as burial ground. The appeal has been filed under the Kerala Panchayat Raj (Burial and Burning) Rules, 1998.

2.

I direct the first respondent to consider Ext. P6 appeal with notice to the petitioners as well as respondents 5 to 7. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

3.

It is only proper that Ext. P1 order impugned in Ext. P6 appeal is not enforced during the pendency of the statutory appeal.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE