The court made the interim order absolute regarding the prohibition of using specific land as a burial ground without a licence due to the absence of counter affidavits from the respondents, and closed the writ petition.
The interim order prohibiting the use of the land as a burial ground without a licence is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933
WP(C).No. 3951 of 2004(U)
-------------------------
PETITIONER:
DR.R.SATHI KUMAR, S/O.N.RAMAKRISHNAN, AGED 46 YEARS, DEVARAGAM, SP IV/77-1, ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM.
BY ADV. SRI.C.S.MANU
RESPONDENTS:
REPRESENTED BY ITS SECRETARY.
ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM.
ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM.
R1 AND R2 BY SR. GOVERNMENT PLEADER ADV. MR. M.R. SABU. R4 TO R6 BY ADV. SRI.S.V.PREMAKUMARAN NAIR BY ADV. SRI.V.VIJULAL AND
BY ADV. SRI.T.A.PRASANTH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3951 of 2004(U)
APPENDIX
PETITIONER'S EXHIBITS
| EXT.P1 | : A TRUE COPY OF THE REPRESENTATION DATED 19.06.2003 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. |
|---|---|
| EXT.P2 | : A TRUE COPY OF THE LETTER BEARING NO.P.W.2003-04 DATED 16.07.2003 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXT.P3 | : A TRUE COPY OF THE PETITION DATED 18.12.2003 SUBMITTED BY THE PETITIONER AND 6 OTHERS TO THE 1ST RESPONDENT. |
| EXT.P4 | : A TRUE COPY OF THE NOTICE BEARING NO.G1499/03 DATED 16.12.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXT.P5 | : A TRUE COPY OF THE PETITION DATED 6.1.2004 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. |
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 3951 OF 2004
Dated this the 5th September , 2011
J U D G M E N T
The petitioner has approached this Court with the following prayers:
“i. issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exts.P3 and P5 immediately.
ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to prohibit the respondents 4 to 6 from using the 75 cent of land in Re.Sy.No.641 of Pangappara Village belonging to the 4th respondent as a burial ground and from constructing any tomb therein, forthwith.
iii. Allow cost of this petition to the petitioner.
W.P.(C) No. 3951 OF 2004
2
10.02.2004, the following interim order was passed:
“Respondents 1 to 3 are directed to ensure that the 75 cent of land in R.S.No.641 of Pangappara Village belonging to the 4th respondent is not used as a burial ground by respondents 4 to 6, without obtaining the requisite licence/registration in terms of the Kerala Panchayat Raj (Burial and Burning Grounds)Rules, 1998.”
P.R. RAMACHANDRA MENON, JUDGE.
lk
1 issue framed by the court
Whether the respondents are directed to cease the use of the land as a burial ground without a licence.
Dr. R. Sathi Kumar
District Collector, Thiruvananthapuram
Revenue Divisional Officer, Thiruvananthapuram
Sreekaryam Grama Panchayath
Smt. Rosamma
Mr. Sathyadas
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
