Disposed

R.K. Krishnakumar v. State of Kerala

Kerala HC6 Feb 2020WP(C)/4606/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a PIL challenging the Aluva Municipality's delay in constructing a public crematorium. The Court directed the Municipality to continue with the proposal and construct one as expeditiously as possible, utilizing any available funds.

What did the court decide?

Direction to Aluva Municipality to continue with the proposal to construct a public crematorium/burial ground as expeditiously as possible.

R.K. Krishnakumar Vs State of Kerala — 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

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WP(C).No.4606 OF 2017(S)

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PETITIONER:

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R.K. KRISHNAKUMAR GENERAL CONVENOR, ACTION COUNCIL FOR PUBLIC CREMATORIUM IN ALUVA MUNICIPALITY KUNNATH HOUSE, U.C COLLEGE P.O, ALUVA 683102

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN

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RESPONDENTS:

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

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2 ALUVA MUNICIPALITY RPERESENTED BY THE SECRETARY MUNICIPAL OFFICE, ALUVA 683101

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3 THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUVA 683101

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4 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI 682 030

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W.P(C).4606/2017

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5 K.R.SADASIVAN PILLAI, S/O.RAMAN PILLAI, GIRIJA MANDIRAM, EAST KADUNGALLOOR, ALUVA, PIN-683 110.

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ADDL. R5 IS IMPLEADED AS PER ORDER DATED 04/09/2019 IN IA.1/2019 IN THE WPC.

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R1&4 BY SR.GOVT. PLEADER SRI.SURIN GEORGE IPE R2 BY SRI MATHEW B. KURIAN- STANDING COUNSEL ALUVA MUNCIPALITY R2-3 BY ADV. MATHEW B. KURIAN R2-3 BY ADV. K.T. THOMAS R2-3 BY ADV. NIKHIL BERNY R5 BY ADV. S.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).4606/2017

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JUDGMENT

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Dated this the 6^th day of February, 2020

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S. Manikumar, CJ

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Instant public interest litigation is filed for a mandamus directing Aluva Municipality and its Secretary (respondents 2 and 3) to take appropriate action for making a modern public crematorium in Aluva Municipality as expeditiously as possible. Direction was also sought for to take appropriate action for implementing the directions contained in Ext.P4 judgment.

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Material on record discloses that a Member of Parliament has agreed to give Rs.50 Lakhs for the purpose of constructing a public crematorium.

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Reading of the interim orders issued by this Court on various occasions indicate that the attempt of the Aluva Municipality to secure the entire extent of land for the public crematorium proposed, is not possible, as some of the co-owners among ten are not willing to surrender possession of their portion of land for the purpose of modern public crematorium. In one of the interim orders passed, on 8.8.2019, it could be seen that submission has been made by Mr. K.T. Thomas, learned Standing Counsel for Aluva Municipality that the cost of

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W.P(C).4606/2017

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acquisition of land for public crematorium was not affordable by the Municipality and that the Municipality has to explore other options for providing a public crematorium/burial ground.

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On the said day, submission has also been made that adjacent to the identified land (in Re-Sy No.4/2016 in the Aluva West Village), Municipality land measuring about 80 cents was available, but that area is being currently utilised by different communities for burial/cremation purpose. Submission has also been made that the authorities were proposing to convene a meeting of the stakeholders to explore the possibility of conversion of this parcel of land as a public crematorium/burial ground, to comply with Municipality's statutory obligations. A Hon'ble Division Bench has adjourned the matter to enable the authorities to convene a meeting and take a decision.

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On this day, when the matter came up for further hearing, Mr.V.M. Kurian, learned Standing Counsel for the Municipality submitted that a meeting was convened, but there is no desired result, as municipal land has been used as burial ground by different communities for many years and they are not willing to agree with the proposal for a public crematorium/burial ground.

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Posed with the question as to whether Municipality is inclined to go ahead with the proposal for construction of public crematorium/burial ground, in the above said lands initially proposed,

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W.P(C).4606/2017

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possession being with land owners, Mr. V.M. Kurian, learned counsel for the Municipality submitted that the proposal for construction of public crematorium/burial ground in the above said land is not feasible. However, he submitted that Aluva Municipality would continue with the proposal to construct a public crematorium/burial ground and utilise funds, if any, available. Keeping in mind the interest of public, need to have a public crematorium/burial ground, Aluva Municipality is directed to continue with the proposal to construct the same as expeditiously as possible.

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With the above direction, this writ appeal is disposed of.

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All pending applications, if any, stand closed.

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Sd/S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

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sou.

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W.P(C).4606/2017

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE REPLY OBTAINED BY THE CHAIRMAN OF THE ACTION COUNCIL UNDER RIGHT TO INFORMATION ACT DATED 11-01- 2017
EXHIBIT	P1(A) ENGLISH TRANSLATION OF EXT P1
EXHIBIT	P2 TRUE COPY OF THE NOTICE PUBLISHED BY THE ACTION COUNCIL DATED 2-12-2016
EXHIBIT	P2(A) ENGLISH TRANSLATION OF EXT P2
EXHIBIT	P3 TRUE COPY OF THE NOTICE DATED 28-12- 2016 PUBLISHED BY THE ACTION COUNCIL
EXHIBIT	P3(A) ENGLISH TRANSLATION OF EXT P3
EXHIBIT	P4 TRUE COPY OF THE JUDGMENT DATED 4-8- 2015 IN W.P(C) NO 34992/2010
EXHIBIT	P5 TRUE COPY OF THE REPRESENTATION FILED BY THE ACTION COUNCIL FOR PUBLIC CREMATORIUM DATED 1-11-2016
EXHIBIT	P5(A) ENGLISH TRANSALATION OF EXT P5

R.K. Krishnakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

R.K. Krishnakumar v. State of Kerala

Case brief

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