High Court directed District Collector to allot alternative cemetery site to petitioner church within six weeks, emphasizing burial as an integral faith duty.
Directing 2nd Respondent to pass formal orders for alternative cemetery site within six weeks. 3rd Respondent to grant permission for shifting remains after allocation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944
WP(C) NO. 2305 OF 2022
PETITIONER/S:
SINAI MAR THOMA CHURCH AMBALAMEDU, KARIMUKAL-682 303, REPRESENTED BY ITS VICAR REV. BINU S SAMUEL. BY ADVS. GEORGE CHERIAN (SR.) K.S.SANTHI LATHA SUSAN CHERIAN ALEXY AUGUSTINE GEORGE A.CHERIAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD-682 030. 2 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, ELOOR, KOCHI-683 501, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR., 3 KERALA INDUSTRIAL INFRASTRUCTURE-DEVELOPMENT CORPORATION (KINFRA), THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR BY ADVS. M.GOPIKRISHNAN NAMBIAR P.U.SHAILAJAN K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN
OTHER PRESENT:
GP RAJEEV JYOTHISH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2305 of 2022
-2-
JUDGMENT
Dated this the 20th day of June, 2022
The petitioner church is functioning in the property of the second respondent under a deed of licence executed in the year 1969. The second respondent has allotted 7 cents of land to the church for the purpose of cemetery. Accordingly, the dead body of the parishioners of the petitioner church are being buried in the space allotted for cemetery. For this purpose, the petitioner has constructed a tomb/vault in the 7 cents. While so, the KINFRA purchased a large extent of land, including the land within which the cemetery is situated, from the second respondent. Later, a meeting of Government officials and officials from the BPCL, FACT and KINFRA was convened. In the meeting, the KINFRA and Government of Kerala opined that the 1.03 Acres set apart for cemetery/building ground must be shifted to an alternative location. On behalf
W.P.(C) No.2305 of 2022
-3-
of the FACT, it was pointed out that, out of the 1.03 Acres allotted to different sects, only one sect, ie, the petitioner church, which is allotted 7 cents, had ever used the cemetery. Accordingly, it was decided to allocate an
alternative site for shifting the cemetery of the petitioner church. The decision was conveyed by the second respondent under Ext.P3 letter dated 21.10.2017. In furtherance of the decision, the second respondent identified the alternative site and the petitioner has expressed its willingness to shift the cemetery to that site. The writ petition is filed aggrieved by the delay in issuing formal orders with regard to the allocation of the alternative site.
the petitioner and the learned Standing Counsel for the FACT and the KINFRA.
documents produced, it is evident that based on
W.P.(C) No.2305 of 2022
-4-
the decision arrived at in the common meeting held on 27.10.2017, an alternative site for shifting the cemetery was identified in 2019 itself. On its side, the petitioner has expressed its wiliness to shift the cemetery to the alternative site so allocated. All that remains to be done is for the second respondent to pass formal orders allocating the alternative site. Burial of parishioners in their own cemetery is an integral part of their faith and belief. Therefore, it is only appropriate for the second respondent to pass formal orders allocating the alternative site for shifting the cemetery at the earliest.
In the result, the writ petition is disposed of directing the second respondent to pass formal orders allocating the alternative site for shifting the cemetery attached to the petitioner church, within six weeks of receipt of a copy of this judgment. Needless to say, while passing
W.P.(C) No.2305 of 2022
-5-
the order, the second respondent shall clearly demarcate the boundary within which the cemetery is to function. Once the allocation is made, the third respondent shall grant necessary permission to the petitioner for shifting the cellars and removing the remains of its dead from the existing cemetery.
Sd/-
V.G.ARUN JUDGE
Scl/20.06.2022
W.P.(C) No.2305 of 2022
-6-
APPENDIX OF WP(C) 2305/2022
| PETITION | ER EXHI | BITS |
|---|---|---|
| Exhibit | P1 | TRUE COPY OF THE ORDER DATED 28.4.2017 ISSUED BY THE GOVERNMENT OF KERALA |
| Exhibit | P2 | TRUE COPY OF THE MINUTES OF THE MEETING HELD AT FACT ON 27.10.17 CHAIRED BY SECRETARY (FERTILIZER) |
| Exhibit | P3 | TRUE COPY OF THE LETTER DATED 21.10.2017 ISSUED BY SECOND RESPONDENT |
| Exhibit | P4 | TRUE COPY OF THE LETTER DATED 30.10.2017 ISSUED BY THE PETITIONER TO FACT |
| Exhibit | P5 | TRUE COPY OF THE LETTER DATED 22.11.2019 BY THE PETITIONER TO 2ND RESPONDENT |
| Exhibit | P6 | TRUE COPY OF THE MINUTES OF THE MEETING ON 19.11.2019 HELD AT THE CHAMBER OF ADDL DISTRICT MAGISTRATE |
| Exhibit | P7 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 23.1.20 CONVENED BY ADDL DISTRICT MAGISTRATE |
| Exhibit | P8 | TRUE COPY OF THE LETTER DATED 3.9.19 ISSUED BY SECOND RESPONDENT |
| Exhibit | P9 | TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 3.9.19 ISSUED BY 2ND RESPONDENT |
| Exhibit | P10 | TRUE COPY OF THE EMAIL COMMUNICATION DATED 4.3.20 BY PETITIONER TO 2ND RESPONDENT |
| Exhibit | P11 | TRUE COPY OF THE LETTER DATED 16.9.21 ISSUED BY 1ST RESPONDENT |
2 issues framed by the court
Whether the District Collector is liable to pass formal orders allocating an alternative site for the petitioner church's cemetery promptly.
Whether the Respondents failed in their duty to demarcate the cemetery boundary and grant permission for shifting remains.
Sinai Mar Thoma Church Ambalamedu
District Collector, Kakkannad
The Fertilizers and Chemicals Travancore Limited
Kerala Industrial Infrastructure-Development Corporation
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
