Disposed

Sobhana v. 1. the District Collector, Kollam

Kerala HC13 Feb 2024WP(C)/10554/2023

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions regarding the establishment of a crematorium by the West Kallada Grama Panchayat. The petition seeking police protection for building a compound wall was allowed by making interim directions absolute. The petition challenging the location was disposed of by directing the District Collector to consider objections before granting a license under the relevant

What did the court decide?

Interim order for police protection made absolute; District Collector directed to consider objections before granting crematorium license.

Sobhana Vs 1. the District Collector, Kollam — Municipal and Town Planning | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
TUESDAY,THE13THDAYOFFEBRUARY2024/24THMAGHA,1945
WP(C)NO.18550OF2023

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PETITIONER:

¶4

WESTKALLADAGRAMAPANCHAYAT
AGED44YEARS
VILANTHARAP.O.,SASTHAMCOTTA,KOLLAM
REPRESENTEDBYITSSECRETARY.
BYADVK.SIJU

¶5

RESPONDENTS:

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1THESTATEPOLICECHIEF
POLICEHEADQUARTERS,VAZHUTHACAD,THIRUVANANTHAPURAM,
PIN-695014.

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2 DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA P.O, KOLLAM, PIN - 691506.

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3 DEPUTY SUPERINTENDENT OF POLICE DYSP OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT, PIN - 690521.

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4 STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, KOLLAM,, PIN - 690521.

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5 SANJAYAN.S CONTRACTOR, RESIDING AT 'AVANI', ARINALLOOR P.O, KOLLAM, PIN - 690538.

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6 NISHAD VALIYAVILACHARUVIL, VALIYAPADAM, VILANTHARA P.O, KOLLAM, PIN - 690521.

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7 MOHANAN PILLAI KALLUMPURATHU VEEDU, VALIYAPADAM, VILANTHARA P.O, KOLLAM, PIN - 690521.

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8 SURESH KALLADA SOPANAM, VALIYAPADAM, VILANTHARA P.O, KOLLAM, PIN - 690521.

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BYADVS.
KIRANLALMANILAL
MANURAMACHANDRAN(K/917/2010)
R.RAJESH(VARKALA)(K/78/2000)
SAMEERMNAIR(K/000481/2017)
GEETHUKRISHNAN(K/001199/2021)
SAILAKSHMIMENON(K/1518/2021)

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WP(C)NOS.18550&
10554OF2023

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SMT.MABLEC.KURIEN,SR.GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
13.02.2024,ALONGWITHWP(C).10554/2023,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

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WP(C)NOS.18550&
10554OF2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 13^TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945 WP(C) NO. 10554 OF 2023

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PETITIONERS:

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1SOBHANA
AGED56YEARS
W/OBABU,BABUBHAVAN,VALIYAPADAM,VILANTHARA.P.O,
WESTKALLADA,KOLLAM.,PIN-691521.

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2SIVAN
AGED54YEARS
S/OKUNJUKUNJ,SIVARANJINI
BHAVANAM,VALIYAPADAM,VILANTHARA.P.O,WESTKALLADA,KOLLAM.,
PIN-690521.
BYADVS.
M.KIRANLAL
MANURAMACHANDRAN
R.RAJESH(VARKALA)
SAMEERMNAIR
GEETHUKRISHNAN
SAILAKSHMIMENON

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RESPONDENTS:

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1THEDISTRICTCOLLECTOR,KOLLAM
COLLECTORATE,CIVILSTATIONRD,KAANKATHUMUKKU,KOLLAM.,
PIN-691013.
2THEWESTKALLADAGRAMAPANCHAYATH
THEWESTKALLADAGRAMAPANCHAYATH,KADAPUZHA-KARALIMUKKU
RD,SASTHAMCOTTA,KOLLAM.,PIN-690521.
3THESECRETARY,WESTKALLADAGRAMAPANCHAYATH
WESTKALLADAGRAMAPANCHAYATHKADAPUZHA-KARALIMUKKURD,
SASTHAMCOTTA,KOLLAM.,PIN-690521.

¶28

BYADVS.
SRI.K.SIJU
SMT.MABLEC.KURIEN
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
13.02.2024,ALONGWITHWP(C).18550/2023,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

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WP(C)NOS.18550&
10554OF2023

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JUDGMENT

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[WP(C) Nos.18550/2023, 10554/2023]

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W.P.(C) No.18550 of 2023 is filed by the West Kallada Grama

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Panchayat seeking the assistance of the police in completing the construction of a compound wall in the property comprised in Re.Sy. No.271/2 in Block No.12 of West Kallada Village, wherein a crematorium is proposed to be constructed in terms of Ext.P3 sanction order.

¶35

W.P.(C) No.10554 of 2023 is filed by a few residents of the Panchayat being aggrieved by the move of the Panchayat to establish a burial ground/crematorium adjacent to their property. Their contention in the writ petition is that their residential homes are situated within 20m of the proposed crematorium. They also contend that the action of the Panchayat is in clear violation of the various provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998.

¶36

As common issues are raised, both these writ petitions are taken up and disposed of by a common judgment.

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I have heard Sri. Siju Kamalasanan, the learned counsel appearing for the petitioner in W.P.(C) No.18550 of 2023 and Sri.Kiran Lal, the learned counsel appearing for the petitioners in W.P.(C) No.10554 of 2023.

¶38

I find that when W.P.(C) No.18550 of 2023 had come up for

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WP(C)NOS.18550&
10554OF2023

¶40

¶41

consideration on 14.6.2023, this Court, after considering the facts and circumstances, had directed the respondents 3 and 4 to extend adequate protection to the Panchayat to construct the compound wall in the property. However, it was made clear that the construction of any crematorium/burial ground shall be only after obtaining orders in the writ petition. Sri. Siju, the learned counsel submitted that on the strength of the directions issued, the Panchayat has completed the construction of the boundary wall. It is further submitted that the Panchayat is required to obtain a licence for which they shall approach the District Collector. It is submitted that while considering the application, the formalities under the Rules will be followed.

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Sri. Kiran Lal, the learned counsel, submitted that the assertion made by the petitioner that the construction of the compound wall has been completed is not correct. The plan fund for some other projects was utilized for constructing the compound wall. It is further submitted that no enquiry has been carried out prior to identifying the property and its suitability for use as a crematorium.

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7. I have considered the submissions advanced.

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The prayer in W.P.(C) No. 10554/2023 has practically become infructuous as the construction of the compound wall has been completed. The Panchayat is stated to have approached the District Collector for a licence under the Burial Ground Rules, 1998. If that be the case, the District Collector, Kollam, before whom the application is pending, can be

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WP(C)NOS.18550&
10554OF2023

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directed to consider the objections raised by the petitioners in W.P.(C) 10554/2023 and other affected parties, if any, while considering the request of the Panchayat to set up the crematorium.

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Resultantly, these writ petitions are disposed of by ordering as

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under:

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a) The interim order in W.P.(C) No. 18550/2023 dated 14.6.2023, as per which directions were issued to respondents 3 and 4 to extend protection to the Panchayat for construction of the compound wall, is made absolute.

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b) W.P.(C) No. 10554/2023 is disposed of directing the District

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Collector, Kollam, to consider the objections raised by the petitioners and other affected parties when the request for the grant of license for opening

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a crematorium is received from the West Kallada Grama Panchayat and consider the application strictly in terms of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998.

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Sd/-

¶55

RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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WP(C)NOS.18550&
10554OF2023

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APPENDIX OF WP(C) 10554/2023

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`PETITIONER EXHIBITS`
`Exhibit P1`	`A TRUE COPY OF THE APPLICATION PREFERRED UNDER` `THE RIGHT TO INFORMATION ACT DATED 02.03.2022 .`
`Exhibit P2`	`A TRUE COPY OF THE REPLY GIVEN UNDER RIGHT TO` `INFORMATION ACT DATED 19.03.2022.`
`Exhibit P3`	`A TRUE PHOTOGRAPH WHICH SHOWS THE PETITIONERS` `RESIDENTIAL BUILDINGS AND THE BOUNDARY OF THE` `PROPOSED BURIAL GROUNDS.`
`Exhibit P4`	`A TRUE PHOTOGRAPH TAKEN FROM THE BOUNDARY OF` `THE PROPOSED BURIAL GROUND WHICH SHOWS THE` `SASTHAMCOTTA LAKE IN ITS VICINITY .`
`RESPONDENT ANNEXURES`
`Annexure R2(a)`	`The extract of the Panchayat resolution dated` `19.4.2022 vide No.2(1) of West Kallada Grama` `Panchayat.`

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WP(C)NOS.18550&
10554OF2023

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APPENDIX OF WP(C) 18550/2023

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`PETITION` `Exhibit`	`ER EXHIBITS` `P1`	`THE EXTRACT OF THE PANCHAYAT RESOLUTION DATED` `19.4.2022 VIDE NO.2(1) OF WEST KALLADA GRAMA` `PANCHAYAT.`
`Exhibit`	`P2`	`THE COPY OF TECHNICAL SANCTION GRANTED BY THE` `ASSISTANT EXECUTIVE ENGINEER DATED 27.12.2022` `FOR THE WORK OF CONSTRUCTION OF COMPOUND WALL.`
`Exhibit`	`P3`	`THE COPY OF LETTER OF ACCEPTANCE GIVEN TO THE` `5TH RESPONDENT BY THE PANCHAYAT ALONG WITH THE` `DETAILED ESTIMATE OF THE WORK AS PROJECT` `NO.193/23.`
`Exhibit`	`P4`	`THE COPY OF LETTER DATED 27.2.2023 SUBMITTED BY` `THE 5TH RESPONDENT BEFORE THE PANCHAYAT.`
`Exhibit`	`P5`	`A COPY OF COMPLAINT FILED BEFORE THE 3RD` `RESPONDENT ON 27.2.2023.`
`Exhibit`	`P5(a)`	`A COPY OF COMPLAINT FILED BEFORE THE 4TH` `RESPONDENT ON 27.2.2023.`
`Exhibit`	`P6`	`A COPY OF COMPLAINT DATED 13.4.2023 SUBMITTED` `BY THE PETITIONER BEFORE THE 2ND RESPONDENT.`
`Exhibit`	`P6(a)`	`A COPY OF COMPLAINT DATED 13.4.2023 SUBMITTED` `BY THE PETITIONER BEFORE THE 3RD RESPONDENT.`
`Exhibit`	`P6(b)`	`A COPY OF COMPLAINT DATED 13.4.2023 SUBMITTED` `BY THE PETITIONER BEFORE THE 4TH RESPONDENT.`
`Exhibit`	`P7`	`THE COPY OF COMMUNICATION DATED 19.01.2024` `ISSUED BY THE DISTRICT COLLECTOR, KOLLAM TO THE` `PANCHAYAT.`

Sobhana v. 1. the District Collector, Kollam

Case brief

What is this about?

What did the court decide?

Sobhana v. 1. the District Collector, Kollam

Case brief

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What did the court decide?

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