Disposed

Chellamma P.T. v. Appellate Authority Under Rule 10 of

Kerala HC16 Dec 2020WP(C)/25267/2020

Case brief

AI extract

What is this about?

The High Court directed the Appellate Authority under the Kerala Panchayat Raj (Burial and burning grounds) Rules, 1998 to consider and pass orders on the petitioners' statutory appeal filed under Rule 10(6) within six weeks from receipt of the judgment.

What did the court decide?

Direction to the first respondent to consider and pass orders on the appeal within six weeks from receipt of the judgment with notice to all concerned.

Chellamma P.T. Vs Appellate Authority Under… — Pension and Retirement Benefits | Kerala HC (2020)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.25267 OF 2020(G)

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PETITIONERS:

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1 CHELLAMMA P.T. AGED 50 YEARS W/O. REGHU, RESIDING AT PARACKAL HOUSE, BUILDING NO. 214/A ILLITHODU, MALAYATTOOR-NEELESWARAM PANCHAYATH, MALAYATTOOR P.O, ERNAKULAM 683587

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2 BABU P.T, AGED 46 YEARS S/O. THAMPI., RESIDING AT PARACKAL HOUSE, BUILDING NO. 157, ILLITHODU, MALAYATTOOR-NEELESWARAM PANCHAYATH, MALAYATTOOR P.O, ERANAKULAM 683587

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3 SIBI, AGED 37 YEARS S/O. JOSE, NARAKATHADATHIL, ILLITHODU, MALAYATTOORNEELESWARAM PANCHAYATH, MALAYATTOOR P.O., EERNAKULAM 683587

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BY ADVS. SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS

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RESPONDENTS:

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1 APPELLATE AUTHORITY UNDER RULE 10 OF KERALA PANCHAYATH RAJ (BURIAL AND BURNING GROUNDS) RULES 1998 SECRETARY TO LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM 682 030

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3 THE MALAYATTOOR NEELESWARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRTARY, ILLITHODU, MALAYATTOOR P.O, ERNAKULAM 683587

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4 THE MALAYATTOOR - NEELESWARAM GRAMA PANCHAYATH COMMITTEE,

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REPRESENTED BY ITS PRESIDENT, ILLITHODU, MALAYATTOOR

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WP(C).No.25267 OF 2020(G)

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P.O, ERANAKULAM 683587

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5 THE REVENEU DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM 682 001

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6 THE THAHASILDAR, ALUVA TALUK OFFICE, MINI CIVIL STATION, ALUVA, ERNAKULAM 683101

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7 ILLITHODU JUMA MASJID, REPRESENTED BY ITS SECRTARY, ILLITHODU, MALAYATTOOR P.O, ERNAKULAM 683587

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8 THE DISTRICT POLICE CHIEF (RURAL) OFFICE OF THE DISTRICT POLICE CHIEF (RURAL) ALUVA, ERNAKULAM 683101

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9 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM 682 020

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SRI.K.J. MANURAJ - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.25267 OF 2020(G)

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W.P.(C) No.25267 of 2020

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J U D G M E N T

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The limited prayer made by the learned counsel for the petition ers, when this matter was taken up, was for a direction to the first respondent to consider and pass orders on Ext.P6 appeal preferred by the petitioners, invoking Rule 10(6) of the Kerala Panchayat Raj (Burial and burning grounds)Rules, 1998.

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Heard the learned counsel for the petitioners as also the learned Government Pleader.

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The appeal referred to above being a statutory appeal, I deem it appropriate to dispose of the writ petition directing the first respondent to consider and pass orders on Ext.P6 appeal within six weeks from the date of receipt of a copy of this judgment with notice to all concerned including the petitioners.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.25267 OF 2020(G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 23-12-2013
EXHIBIT P2	COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DDATED 11-07-2014 IN W.P(C) NO. 8368 OF 2014
EXHIBIT P3	COPY OF THE DECISION TAKEN BY THE 2ND RESPONDENT DATED 4-3-2015
EXHIBIT P4	COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 23-10-2019 IN W.P(C0 NO. 40723 OF 2018
EXHIBIT P5	COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 20-05-2020
EXHIBIT P6	COPY OF THE APPEAL MEMORANDUM WITH ANNEXURES FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
EXHIBIT P7	COPY OF THE RECEIPT ISSUED BY THE POSTAL DEPARTMENT SHOWING THE SUBMISSION OF APPEAL THROUGH POST

Chellamma P.T. v. Appellate Authority Under Rule 10 of

Case brief

What is this about?

What did the court decide?

Chellamma P.T. v. Appellate Authority Under Rule 10 of

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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