Disposed

Boby Anne Varghese, v. State of Kerala

Kerala HC11 Dec 2019WP(C)/6235/2019

Case brief

AI extract

What is this about?

The High Court ordered the competent Secretary to the Government of Kerala to dispose of pending statutory appeals filed by petitioners against an order permitting an SNDP Shakha Yogam to use property as a burial ground.

What did the court decide?

Direction to the competent Secretary to the Government of Kerala to dispose of pending statutory appeals expeditiously within three months and an undertaking recorded by the SNDP Shakha Yogam not to u

Boby Anne Varghese, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

¶5

WP(C).No.6235 OF 2019(D)

¶6

PETITIONERS:

¶7

1 BOBY ANNE VARGHESE, AGED 40 YEARS D/O. LATE M.J ANTONY, VADAKEL HOUSE, ATTICKAL, PONKUNNAM P.O, KOTTAYAM DISTRICT 686 506.

¶8

2 SUHUFIA T.S, AGED 45 YEARS W/O. SHAJAHAN P.K, PALAMOOTTIL HOUSE, ATTICKAL, PONKUNNAM P.O, KOTTAYAM DISTRICT 686 506.

¶9

3 V.R SUDHAKAR, AGED 58 YEARS S/O. RAGHAVAN PILLAI, VELOORMALAYIL HOUSE, PURAMATTAM HOUSE P.O, MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN 689 543.

¶10

BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.J.VISHNU

¶11

RESPONDENT/S:

¶12

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,DEPARTMENT OF LOCAL SELF-GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶13

2 THE DISTRICT COLLECTOR, KOTTAYAM-KUMILY ROAD, COLLECTORATE, KOTTAYAM 686 001.

¶14

3 THE SECRETARY, SNDP PONKUNNAM, SNDP SHAKHA YOGAM NO. 1044. PONKUNNAM P.O, KOTTAYAM DISTRICT 686 506.

¶15

4 THE CHIRAKKADAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHIRAKKADAVU, KOTTAYAM DISTRICT 686 506.

¶16

WP(C).Nos.6235 & 30276 OF 2019 -2-

¶17

5 THE KERALA POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004.

¶18

R3 BY ADV. SMT.P.DEEPTHI R3 BY ADV. SRI.SABU JOHN R3 BY ADV. SMT.O.V.DEEPA R4 BY ADV. SRI.MATHEW JOHN (K) R4 BY ADV. SRI.MATHEW DEVASSI R4 BY ADV. SRI.ABY J AUGUSTINE

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).30276/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).Nos.6235 & 30276 OF 2019 -3-

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶24

WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

¶25

WP(C).No.30276 OF 2019(H)

¶26

PETITIONERS:

¶27

1 B.AJITHKUMAR, AGED 58 YEARS, S/O BHASKARAN NAIR, RESIDING AT GEETHA SADANAM (ANDUMADON) ATTICKAL BHAGOM, PONKUNNAM P.O, PIN686 506, CHIRAKADAVU VILLAGE KANJIRAPPALLY TALUK.

¶28

2 THOMAS JACOB, AGED 42 YEARS, S/O MT CHACKO, MANICKATTU, ATTICKAL BHAGOM, PONKUNNAM PO, PIN- - 686 506 , CHIRAKADAAVU VILLAGE, KANJIRAPPALLY TALUK.

¶29

BY ADV. SRI.C.HARINDRAMOHAN NAIR

¶30

RESPONDENTS:

¶31

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY , LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN- 695 001

¶32

2 THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN- 686 501

¶33

3 THE CHIRAKADAVU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE COMPLEX, PONKUNNAM ,PIN- 686 506

¶34

4 S N D P SAKHAYOGAM NO.1044 , PONKUNNAM HAVING ITS OFFICE AT SAKHAYOGAM BUILDING , PONKUNNAM P.O, PIN- 686 506, CHIRAKADAVU VILLAGE, KANJIRAPPALLY TALUK.

¶35

WP(C).Nos.6235 & 30276 OF 2019 -4-

¶36

BY ADV.

¶37

SR.GP .RAJASEKHARAN NAIR;SC FOR PANCHAYAT MATHEW JOHN;SC FOR PCB T.NAVEEN;SC FOR SNDP SAKHA YOGAM P.DEEPTHI

¶38

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).6235/2019(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶39

WP(C).Nos.6235 & 30276 OF 2019 -5-

¶40

JUDGMENT

¶41

[ WP(C).6235/2019, WP(C).30276/2019 ] Dated this the 11th day of December 2019

¶42

These two writ petitions are taken up and

¶43

disposed of together since the issues involved are identical and since the prayers sought therein are also similar.

¶44

2.Both the petitioners in these writ

¶45

petitions challenge the order issued by the District Collector, dated 22.12.2018, which has been produced as Ext.P21 in W.P.(C) No.6235 of

¶46

2019 and as Ext.P8 in W.P.(C) No.30276 of 2019,

¶47

as per which, the “Sree Narayana Dharma Paripalana Shakha Yogam”, Ponnkunnam (hereinafter referred to as 'the SNDP Shakha Yogam' for short) has been permitted to use a property owned by them in Re-Survey No.67/1/1/1 and 67/1/1 as a private Cemetery and burial ground.

¶48

WP(C).Nos.6235 & 30276 OF 2019 -6-

¶49

District Collector has issued the impugned order without considering any of the relevant aspects

¶50

and without following due procedure and therefore, that they have, filed statutory appeals against it before the competent Secretary to the Government of Kerala, a copy of which has been produced as Ext.P24 in W.P.(C) No.6235 of 2019 and as Ext.19 in W.P.(C) No.32096 of 2019; and consequently, pray that the same be directed to be taken up and disposed of, with an adscititious prayer that the SNDP Shakha Yogam be directed not to use the said property as a Burial

¶51

ground/Cemetery until such time as the said appeals are disposed of.

¶52

the SNDP Shakha Yogam, Smt.Deepthi, submits that since the statutory appeals are already pending before the Government of Kerala, the petitioners could not have approached this Court through

¶53

WP(C).Nos.6235 & 30276 OF 2019 -7-

¶54

these writ petitions challenging the order of the District Collector and prays that he said appeals be directed to be taken up and disposed of within a time frame, adding that her client undertakes that the property in question will not be used as a Burial ground/Cemetry until such time as a decision is taken by the Government in this regard. She, therefore, prays that these writ petitions to be thus dismissed.

¶55

The learned Senior Government

¶56

Pleader, Sri.Rajasekharan Nair, appearing on

¶57

behalf of the official respondents, submits that since the appeals are stated to be already pending before the competent Secretary to the Government of Kerala, there does not appear to be any legal impediment in the same being taken up and disposed of, but prays that this Court may not state affirmatively on the entitlement of on the either party to any relief and leave it to the said Secretary to take an apposite decision

¶58

WP(C).Nos.6235 & 30276 OF 2019 -8-

¶59

thereon in terms of law and after following the statutorily imperative procedure.

¶60

submissions, it is without doubt that appeals

¶61

preferred by the petitioners in these cases are

¶62

still pending before the competent Secretary to

¶63

the Government of Kerala. Obviously, therefore,

¶64

it will not be proper or prudent for this Court

¶65

to enter into the merits of the dialectical contentions of the parties and I deem it better to leave it to the said Authority to take a final

¶66

decision on the appeals within a reasonably short time frame.

¶67

Resultantly, I order these writ petitions

¶68

and direct the competent Secretary to the Government of Kerala to take up Ext.P24 in W.P. (C) No.6235 of 2019 and Ext.P19 in W.P.(C)

¶69

No.30276 of 2019 and dispose of the same, after affording an opportunity of being heard to the

¶70

WP(C).Nos.6235 & 30276 OF 2019 -9-

¶71

petitioners in these cases as well as to the authorised person of the SNDP Shakha Yogam; thus leading to appropriate orders thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

¶72

Needless to say, until such time as orders are issued by the competent Secretary in terms of the afore directions, the SNDP Shakha Yogam will not use the property in question as a Cemetery or as a Burial ground and I record the afore undertaking of Smt.Deepthi in this regard.

¶73

These writ petitions are thus ordered.

¶74

Sd/-

¶75

DEVAN RAMACHANDRAN

¶76

JUDGE

¶77

¶78

WP(C).Nos.6235 & 30276 OF 2019

¶79

-10-

¶80

APPENDIX OF WP(C) 6235/2019

¶81

PETITIONER'S/S EXHIBITS:

¶82

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT ALONG WITH BUILDING AND SITE PLANS, DATED 25-05-2014. EXHIBIT P2 TRUE COPY OF THE REPORT OF THE ASSISTANT ENGINEER, LSGD SECTION, CHIRAKADAVU GRAMA PANCHAYAT, DATED 1906-2014. EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE CHIRAKADAVU PANCHAYATH, REGULARIZING THE BUILDING CONSTRUCTION OF MR. AJITH KUMAR, DATED 30-08-2014. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE 3RD RESPONDENT BEFORE THE SECRETARY, CHIRAKADAVU PANCHAYAT, DATED 19-122014. EXHIBIT P5 TRUE COPY OF THE DECISION NO. 7 OF THE URGENT COMMITTEE MEETING OF THE CHIRAKADAVU GRAMA PANCHAYAT, DATED 2712-2014. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 02-05-2015, ISSUED BY THE 4TH RESPONDENT PANCHAYAT.

¶83

EXHIBIT P7 TRUE COPY OF THE LETTER SUBMITTED BY THE SHAKHA SECRETARY OF SNDP YOGAM, PONKUNNAM DATED 20-05-2015.

¶84

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY, CHIRAKADAVU PANCHAYAT, TO THE DISTRICT COLLECTOR, THROUGH THE DMO, DATED 26-05-2015. EXHIBIT P9 TRUE COPY OF THE COMPLAINT PREFERRED BY MR. THOMAS JACOB THE RESIDENT OF THE PANCHAYAT, BEFORE THE DISTRICT COLLECTOR, DATED 21-06-2015.

¶85

WP(C).Nos.6235 & 30276 OF 2019 -11-

¶86

EXHIBIT P9 A	TRUE COPY OF THE COMPLAINT PREFERRED BY MR. AJITH KUMAR, THE RESIDENT OF THE PANCHAYAT, BEFORE THE DISTRICT COLLECTOR DATED 21-06-2015.
EXHIBIT P10	TRUE COPY OF THE ORDER NO. C2/5398/15/G.D.M.O OF THE DMO, KOTTAYAM, DATED 29-01-2016.
EXHIBIT P11	TRUE COPY OF THE COMMUNICATION SENT BY THE DISTRICT COLLECTOR TO THE 3RD RESPONDENT DATED 22-06-2016.
EXHIBIT P12	TRUE COPY OF THE REPORT OF THE KOTTAYAM DISTRICT POLICE CHIEF DATED 06-04-2017.
EXHIBIT P13	TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 30-05-2017.
EXHIBIT P14	TRUE COPY OF THE PLAN AFFIXED WITH SEAL OF THE KERALA POLLUTION CONTROL BOARD.
EXHIBIT P15	TRUE COPY OF THE DIRECTION ISSUED BY THE DISTRICT COLLECTOR TO THE DISTRICT POLICE CHIEF DATED 07-09-2017.
EXHIBIT P16	TRUE COPY OF THE REPORT OF THE DISTRICT POLICE CHIEF DATED 12-10- 2017.
EXHIBIT P17	TRUE COPY OF THE NOTIFICATION DATED 26-04-2018 ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM AND PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 16- 05-2018.
EXHIBIT P18	TRUE COPY OF THE OBJECTION SUBMITTED BY THE LOCAL RESIDENTS BEFORE THE DISTRICT COLLECTOR, KOTTAYAM, DATED 10-06-2018.
EXHIBIT P18 A	TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM, DATED 12-06-2018

¶87

WP(C).Nos.6235 & 30276 OF 2019

¶88

-12-

¶89

EXHIBIT P18 B TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM, DATED 11-06-2018 RECEIVED ON 12-06-2018. EXHIBIT P19 TRUE COPY OF THE COMMUNICATION SENT BY THE DISTRICT COLLECTOR, KOTTAYAM DATED 26-09-2018. EXHIBIT P20 TRUE COPY OF THE COMMUNICATION SENT BY THE SECRETARY, CHIRAKADAVU PANCHAYAT TO THE DISTRICT COLLECTOR, KOTTAYAM DATED 13-11-2018. EXHIBIT P21 TRUE COPY OF THE ORDER NO.H1/12400/2017 ISSUED BY THE DISTRICT COLELCTOR, KOTTAYAM, DATED 22-12-2018. EXHIBIT P22 TRUE COPY OF THE NOTICE FOR INAGURATION OF SANTHITHEERAM PUBLIC CEMETERY EXHIBIT P23 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 19-01-2019, WITHOUT ANNEXURES. EXHIBIT P24 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 19-01-2019 WITHOUT ANNEXURES. EXHIBIT P25 TRUE COPY OF THE NOTICE OF THE SPECIAL GENERAL BODY MEETING OF THE 3RD RESPONDENT HELD ON 20-01-2019.

¶90

RESPONDENT'S/S EXHIBITS:

¶91

EXHIBIT R3(a) TRUE COPY OF THE RENEWED PLAN SUBMITTED BY THE 3RD RESPONDENT EXHIBIT R3(b) TRUE COPY OF THE NOTIFICATION NO.H1/12400/2016 DATED 26/04/2018 PUBLISHED BY THE 2ND RESPONDENT IN MALAYALA MANORAMA DAILY DATED 16/05/2018

¶92

WP(C).Nos.6235 & 30276 OF 2019 -13-

¶93

EXHIBIT R3(c) TRUE COPY OF THE FLOOR CHART FOR LPG FIRED CREMATORIUM

¶94

WP(C).Nos.6235 & 30276 OF 2019

¶95

-14-

¶96

APPENDIX OF WP(C) 30276/2019

¶97

PETITIONER'S/S EXHIBITS:

¶98

EXHIBIT P1	19-12-2014- A TRUE COPY OF THE APPLICATION FOR CREMATORIUM UNDER KERALA PANCHAYAT RAJ (BURIAL AND BURNING GROUNDS) RULES, 1998
EXHIBIT P2	27-12-2014 - A TRUE COPY OF THE RESOLUTION NO7 OF 3RD RESPONDENT PANCHAYATH.
EXHIBIT P3	20-05-2015 - A TRUE COPY OF THE NOTICE AS TO PRODUCTION OF DOCUMENTS ISSUED BY 3RD RESPONDENT PANCHAYAT.
EXHIBIT P4	A TRUE COPY OF THE SKETCH PRODUCED BY 4TH RESPONDENT SAKHAYOGAM.
EXHIBIT P5	28-05-2015 - A TRUE COPY OF THE LETTER FORWARDED TO DISTRICT COLLECTOR, KOTTAYAM BY 3RD RESPONDENT PANCHAYAT.
EXHIBIT P6	16.05.2018 - A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION PUBLISHED BY 2ND RESPONDENT , DISTRICT COLLECTOR.
EXHIBIT P7	16.06.2018 - A TRUE COPY OF THE OBJECTION SUBMITTED BY 1ST PETITIONER BEFORE 2ND RESPONDENT , DISTRICT COLLECTOR.
EXHIBIT P7(a)	10.06.2019 - A TRUE COPY OF THE OBJECTION SUBMITTED BY CERTAIN NEIGHBOURS BEFORE 2ND RESPONDENT, DISTRICT COLLECTOR.
EXHIBIT P7(b)	11.06.2019- A TRUE COPY OF THE OBJECTION SUBMITTED BY 48 PERSONS BEFORE 2NE RESPONDENT , DISTRICT COLLECTOR.
EXHIBIT P8	22.08.2018- A TRUE COPY OF THE ORDER OF DISTRICT COLLECTOR(IN CHARGE) , KOTTAYAM.
EXHIBIT P9	25.11.2017- A TRUE COPY OF THE NOTICE DATED 25.11.2017 AS TO THE COMPLAINT SUBMITTED BY 1ST PETITIONER BEFORE ADDL.DISTRICT MAGISTRATE.
EXHIBIT P10	30.08.2014 - A TRUE COPY OF THE ORDER REGULARISING THE CONSTRUCTION OF THE

¶99

WP(C).Nos.6235 & 30276 OF 2019 -15-

¶100

	BUILDING BY 1ST PETITIONER.
EXHIBIT P11	29.01.2016 - A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT MEDICAL OFFICER.
EXHIBIT P12	27.05.2014 - A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY 4TH RESPONDENT SAKHAYOGAM UNDER KERALA PANCHAYAT BUILDINGS RULES.
EXHIBIT P13	06.07.2017 - A TRUE COPY OF THE REPORT OF THE TAHSILDAR KANJIRAPPALLY TO DISTRICT COLLECTOR.
EXHIBIT P14	A TRUE COPY OF THE PLAINT IN O.S 4/19 ON THE FILES OF MUSSIFF COURT KANJIRAPPALLY.
EXHIBIT P14(a)	A TRUE COPY OF THE SKETCH AND MAHAZAR SUBMITTED BY ADV.SAJU THOMAS IN DO CASE.
EXHIBIT P15	05.09.2011- A TRUE COPY OF THE BUILDING TAX RECEIPT FOR PAYMENT OF BUILDING TAX OF THE BUILDING BELONGING TO 2ND PETITIONER.
EXHIBIT P16	02.07.2019 - A TRUE COPY OF THE REPORT SUBMITTED BY PANCHAYAT DEPUTY DIRECTOR, KOTTAYAM TO ADDT.CHIEF SECRETARY LSGD, THIRUVANANTHAPURAM.
EXHIBIT P17	30.05.2017 - A TRUE COPY OF THE CONSENT LETTER ISSUED BY STATE POLLUTION CONTROL BOARD.
EXHIBIT P18	28.12.2018 - A TRUE COPY OF THE NOTICE REGARDING INAUGURATION OF CEMETERY BY 3RD RESPONDENT PANCHAYAT.
EXHIBIT P19	04.02.2019- A TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY PETITIONERS BEFORE GOVERNMENT.
EXHIBIT P20	NOTICE ISSUED BY SECRETARY , CHIRAKADAVU GRAMA PANCHAYAT TO 4TH RESPONDENT SAKHAYOGAM FOR CORRECTION OF FRESH APPLICATION FOR BUILDING PERMIT.

¶101

//TRUE COPY// PA TO JUDGE

Boby Anne Varghese, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Boby Anne Varghese, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.Thulasibai Vs the District Collector

Babu Paul, Vs Angamali Municipality

Capital Retreat Private Limited Vs State of Kerala

Aseena.T.M Vs the Revenue Divisional Officer(R.D.O.)

Vaniyamkulam Grama Panchayath Vs the District Collector

Princy Anto, Vs the Geologist