Quashed

K.Sadasivan Pillai v. State of Kerala

Kerala HC18 May 2016WP(C)/972/2011

Case brief

AI extract

What is this about?

Petitioners challenged a Government order that removed restrictive conditions imposed on a burial ground licence granted to the India Pentecostal Church. Holding the order void for non-compliance with natural justice, the Court set it aside and directed the Government to pass fresh orders after hearing all affected parties.

What did the court decide?

Impugned Ext.P3 order deleted without hearing; set aside; directive to Government to pass fresh orders after hearing all parties within 3 months.

K.Sadasivan Pillai Vs State of Kerala — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938

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WP(C).No. 972 of 2011 (V)

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PETITIONER(S) :

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1. K.SADASIVAN PILLI, KOYIKKALETH HOUSE, VENMONY THAZHAM, VENMONY P.O, CHENGANNUR, ALLEPPEY DISTRICT.

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2. K.BALAN, KOYIKKALETH HOUSE, VENMONY THAZHAM, VENMONY P.O, CHENGANNUR, ALLEPPEY DISTRICT.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENT(S) :

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1. THE STATE OF KERALA, REP.BY THE SECRETARY, LOCAL SELF GOVERNMENT, TRIVANDRUM 695 001.

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2. THE DISTRICT COLLECTOR, ALAPPUZHA- 688 001.

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3. THE VENMONY GRAMA PANCHAYATH REP.BY ITS SECRETARY, VENMONY P.O, ALAPPUZHA- 689 509.

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4. THE INDIA PENTECOSTAL CHURCH, REP. BY DISTRICT SECRETARY, MAVELIKKARA EAST, MAVELIKKARA P.O, ALAPPUZHA DISTRICT- 690 101.

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R1 & R2 BY GOVERNMENT PLEADER SRI.BABY THOMAS R3 BY ADV. SRI.N.ASHOK KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 972 of 2011 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 12.08.2009 IN W.P(C).NO.31234 OF 2008.

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EXHIBIT P2: TRUE COPY OF THE ORDER NO.36985/2008 DATED 22.05.2010 PASSED BY THE 2ND RESPONDENT.

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EXHIBIT P3: TRUE COPY OF THE ORDER NO.2842/2010/LSGD DATED 27.08.2010 PASSED BY THE 1ST RESPONDENT TO THE SECOND RESPONDENT DATED 24.11.2010.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

P.V.ASHA, J.

W.P(C) No.972 of 2011-V

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Dated this the 18^th day of May, 2016

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JUDGMENT

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The petitioners are residents of Venmani Grama Panchayat. Alleging that the 4^th respondent - The India Pentecostal Church, was taking steps for conducting a burial ground in the vicinity without licence, they had approached this Court earlier. By Ext.P1 judgment dated 12.08.2009 in W.P(c) No.31234 of 2008, this Court directed the District Collector to consider the issue raised by them after hearing the petitioners, the 3^rd respondent Panchayat and the other authorities. The 3^rd respondent's application for licence, which was pending consideration, was thereby directed to be considered by the respondents therein, after getting recommendation from the District Medical Officer. Thereafter, the District Collector, Alappuzha, after hearing the parties, passed Ext.P2 order ratifying action of the 3^rd respondent in constructing a concrete wall for burial of dead bodies subject to fulfillment of 8 conditions, which included the following as Serial Nos.7 and 8:

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W.P(C) No.972 of 2011-V

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“(7) the burial of dead bodies from the places other than the Venmony Panchayat area will not be allowed;

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(8) processions in connection with the burial of bodies shall not be allowed within 20 metres of the worship places of other casts and communities and supply of food articles only inside the compound wall and food waste etc. shall not be thrown outside. It has further ordered that the licence should be issued only on fulfillment of the conditions.”

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Aggrieved by the condition Nos.7 and 8 in Ext.P2, the 3^rd respondent approached the Government and the Government passed Ext.P3 order deleting the conditions challenged and directing that the Panchayat would be free to ensure that the operation of the Burial Vault does not cause health hazards and does not cause over crowding. The petitioners are challenging Ext.P3 order mainly on the ground that, they were not heard before passing the same, especially when Ext.P2 order was passed by the District Collector after hearing them pursuant to Ext.P1 judgment.

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Heard the learned counsel appearing for either side. From Ext.P2, it can be seen that, the said order was passed after hearing the applicant for licence, the Grama Panchayat as well

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W.P(C) No.972 of 2011-V 3

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as the petitioners - the complainants after considering the objections submitted by the petitioners. The conditions stipulated in Ext.P2 order are revised by Government by Ext.P1 while directing to issue licence for the burial ground, without hearing the petitioners. When this Writ Petition was admitted on 20.01.2011, this Court had ordered to maintain status quo.

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In view of the above circumstances and since Ext.P3 order was passed without hearing the petitioners, the order Ext.P3 is set aside with a direction to the Government to pass fresh orders after hearing all the affected parties including the petitioners, the Grama Panchayat and the 3^rd respondent, within a period of 3 months from the date of receipt of a copy of this judgment. Till such time, the interim order passed by this Court to maintain status quo shall continue to be in force.

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With the above directions, this Writ Petition is disposed of.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

K.Sadasivan Pillai v. State of Kerala

Case brief

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K.Sadasivan Pillai v. State of Kerala

Case brief

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