Disposed

K.O.Mathai v. Secretary

Kerala HC13 Feb 2012WP(C)/2538/2012

Case brief

AI extract

What is this about?

This court disposed of the writ petition directing the District Collector to take a final decision on the petitioner's application for construction of a concrete vault within three months of receiving a copy of the judgment, after no-objection was received from the District Medical Officer.

What did the court decide?

Directed the 2nd respondent (District Collector) to take a final decision on the matter within 3 months from the date of receipt of this judgment.

K.O.Mathai Vs Secretary — Land Acquisition | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933

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WP(C).No. 2538 of 2012 (N)

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PETITIONER(S) :

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K.O.MATHAI, AGED 76 YEARS, SON OF LATE SHRI OUTHUP, KADAMBELIL HOUSE, KEEZHILLAM, MAZHAVANNOOR GRAMA PANCHAYAT, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

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BY ADV. SRI.N.ANILKUMAR

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RESPONDENT(S) :

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1. THE SECRETARY, MAZHUVANNOOR GRAMA PANCHAYAT, MAZHUVANNOOR.P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT., PIN - 683 541.

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2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, KOCHI - 682 030.

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3. THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM, KOCHI - 682 011.

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BY SRI.M.MUHAMMED SHAFI, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMV

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WP(C).No. 2538 of 2012 (N)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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P1.	:	COPY OF THE TAX RECEIPT NO.4904814 (BOOK NO.B-49049) DATED 17.10.2005 SHOWING THE PAYMENT OF TAX.
P2.	:	COPY OF THE SKETCH PREPARED BY A CIVIL ENGINEER SHOWING THE CELL AND THE DISTANCE TO THE NEAREST HOUSES.
P3.	:	COPY OF THE APPLICATION SUBMITTED ON 05.12.2004 BEFORE THE MAZHUVANNOOR GRAMA PANCHAYAT.
P4.	:	COPY OF THE RESOLUTION DATED 29.12.2005 ISSUED BY THE SECOND RESPONDENT PANCHAYAT.
P5.	:	COPY OF THE REPRESENTATION DATED 31.07.2006 SUBMITTED BY THE PETITIONER'S WIFE BEFORE THE PANCHAYAT.
P6.	:	COPY OF THE RESOLUTION OF THE PANCHAYAT DATED 04.08.2006.
P7.	:	COPY OF THE JUDGMENT DATED 18.01.2007 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.14425 OF 2006.
P8. RESPON	: DENTS' E	COPY OF THE ORDER NO.L.DIS(C2)/1434/11 DATED 05.07.2011 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. XHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

C.K. ABDUL REHIM, J.

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W.P.(c) No. 2538 OF 2012-N

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DATED THIS THE 13^th DAY OF FEBRUARY, 2012

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J U D G M E N T

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The petitioner is seeking a direction to the 1^st respondent to take immediate decision on Ext.P3 application filed on 15-12-2004 taking note of Ext.P8 no-objection granted by the 3^rd respondent.

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The petitioner applied for permission for construction of a concrete vault (burial place), which was initially rejected by the Grama Panchayat. But the decision was set aside by this court in Ext.P7 judgment and a direction was issued to the 2^nd respondent District Collector, to consider and take a decision on the application. Thereafter the Grama panchayat had approved and accorded sanction for construction of the vault. As per Ext.P8 the District Medical officer had issued no-objection.

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Even though such reports were submitted before the 2^nd respondent, no further action is taken, is the complaint.

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W.P.(c) No.2538/2012 -2-

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Learned Government Pleader, on the basis of instructions, submitted that the 2^nd respondent is in seizaine of the matter and reports have already been called for from various authorities like, the Special Tahsildar, District Police Chief, State Pollution Control Board etc. It is submitted that further actions will be expedited as and when such reports are received.

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Under the above mentioned circumstances I am of the view writ petition can be disposed of directing the 2^nd respondent to finalise the matter within the time limit to be stipulated.

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Therefore the writ petition is disposed of directing the 2^nd respondent to take a final decision in the matter within a period of 3 months from the date of receipt of a copy of this judgment.

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Sd/- C.K. ABDUL REHIM, JUDGE.

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AMG

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True copy

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P.A to Judge

K.O.Mathai v. Secretary

Case brief

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K.O.Mathai v. Secretary

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