Kerala High Court
St.Thomas Malankara Catholic Church vs State Of Kerala on 27 October, 1984
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 21ST DAY OF OCTOBER 2014/29TH ASWINA, 1936
WP(C).No. 7060 of 2013 (F)
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PETITIONER:
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ST.THOMAS MALANKARA CATHOLIC CHURCH
KACHITHODE DESOM, VELLANIKKARA P.O., THRISSUR DISTRICT
REPRESENTED BY ITS VICAR AND PRIEST FATHER JACOB KEEYALIL
S/O.K.J.PETER,AGED 29 YEARS,
RESIDING AT ST.MARY'S MALANKARA CATHOLIC CHURCH
KATTILAPOOVAM.P.O., THRISSUR DISTRICT.
BY ADVS.SRI.P.SAMSUDIN
SMT.NIMA JACOB
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY PRINCIPAL SECDRETARY TO GOVT.
LOCAL SELF GOVT. DEPT., GOVT. SECRETARIAT
THIRUVANANTHAPURAM-695001.
2. DISTRICT COLLECTOR
COLLECTORATE, THRISSUR DISTRICT-680003.
3. DISTRICT MEDICAL OFFICER (D.M.O)
OFFICE OF D.M.O., ST.THOMAS COLLEGE ROAD
THRISSUR-680001.
4. MADAKKATHARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY
MADAKKATHARA GRAMA PANCHAYATH OFFICE
KURICHIKKARA P.O., PIN 680028, THRISSUR DISTRICT.
5. VILLAGE OFFICER
MADAKKATHARA VILLAGE, MADAKKATHARA, THRISSUR 680651.
* Addl.6. THE KERLA STATE POLLUTION CONTROL BOARD,
OFFICE OF THE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, THRISSUR P.O., THRISSUR-680005
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER.
[ADDL R6 IMPLEADED AS PER ORDER DT.25.11.13 IN I.A.15451/13]
SRI.ABHIJETT LESSIL, GOVERNMENT PLEADER
R4 BY ADV. SRI.SHOBY K.FRANCIS
ADDL.R6 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION
CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKC
WP(C).No. 7060 of 2013 (F)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT-P1: COPY OF THE DOCUMENT NO.4550/84 DATED 27.10.1984.
EXHIBIT-P2: COPY OF THE APPLICATION FOR BURIAL AND BURNING GROUND
SUBMITTED TO THE 4TH RESPONDENT DATED 15.12.10 BY THE PETITIONER.
EXHIBIT-P3: COPY OF THE APPROVED SKETCH AND PLAN APPROVED BY THE 4TH
RESPONDENT PANCHAYATH DATED 21.2.10.
EXHIBIT-P4: COPY OF THE RESOLUTION PASSED BY THE 4TH RESPONDENT
PANCHAYATH DATED 15.12.10.
EXHIBIT-P5: COPY OF THE NO OBJECTION CERTIFICATE AND RECOMMENDATION
OF THE 3RD RESPONDENT DATED 3.2.11.
EXHIBIT-P6: COPY OF THE REQUEST SUBMITTED BY THE 4TH RESPONDENT
PANCHAYATH TO THE 2ND RESPONDENT DATED NIL.
EXHIBIT-P7: COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER DATED
25.10.11.
EXHIBIT-P8: COPY OF THE REPORT DT.10.3.11
EXHIBIT-P9: COPY OF THE REPORT DATED 16.3.11 SUBMITTED BY THE VILLAGE
OFFICER.
EXHIBIT-P10: COPY OF THE INTIMATION DATED 18.11.11 SUBMITTED BY THE
5TH RESPONDENT.
EXHIBIT-P11: COPY OF THE PUBLIC NOTICE DATED 2.8.12 PUBLISHED IN
MANORAMA DAILY DATED 17.8.12 ISSUED BY 2ND RESPONDENT.
EXHIBIT-P12: COPY OF THE ORDER DATED 8.12.12 IN C8-7171/2011 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT-P13: COPY OF THE RESOLUTION DATED 11.10.12 RECEIVED BY THE
PETITIOENR ON 13.2.13 PASSED BY THE 4TH RESPONDENT PANCHAYATH AS
RESOLUTION NO.7 (6).
3RD RESPONDENT'S EXHIBITS
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R3(a): COPY OF THE INSPECTION REPORT AND SITE APPROVAL LETTER
DT.3.2.11
RKC
TRUE COPY
PA TO JUDGE
K.SURENDRA MOHAN, J.
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W.P.(C).No.7060 of 2013
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Dated this the 21st day of October, 2014
JUDGMENT
The issue involved in this wit petition is regarding a burial ground that the petitioner wants to establish. The petitioner Church owns an extent of 53.5 cents of dry land comprised in Sy.No.1492/4 of Madakkathara Village. The petitioner had submitted an application for the purpose of constructing a "vault type cemetery" in the property. Ext.P2 is the said application. The fourth respondent passed a resolution after considering the application, at its meeting on 15.12.2010 recommending that it had no objection to the grant of a license to construct the cemetery. The District Medical Officer also recommended the construction of the cemetery as per Ext.P5. On the basis of the above recommendations, a license was issued to the petitioner Church as per Ext.P6 by the Panchayat for the construction of the cemetery. The second respondent thereupon forwarded the same to the fifth respondent for the purpose of conduct of an enquiry W.P.(C).No.7060 of 2013 2 and report regarding the proposal. The District Collector thereafter issued a public notice in the Malayala Manorama daily dated 17.8.2012 inviting objections from the general public. Thereafter the District Collector heard the objections and by Ext.P12 order declined to grant permission to the petitioner to conduct the cemetery. The permission has been declined for the reason that, the persons residing in the locality had expressed an apprehension that there would be pollution if the cemetery is established as proposed. The petitioner has filed this writ petition challenging Ext.P12.
2. The Kerala State Pollution Control Board was impleaded as the additional sixth respondent in this writ petition. The sixth respondent conducted an inspection of the property and an enquiry for the purpose of ascertaining whether the establishment of the burial ground as proposed would be a source of pollution or nuisance to the people living in the locality. After going into the matter, the sixth respondent has filed a report to this Court dated 19.3.2014, which forms part of the record. As per the report of the Pollution Control Board, it is W.P.(C).No.7060 of 2013 3 submitted that, the proposed cemetery being one that is to be constructed of reinforced concrete, no contamination of the surface water would take place. Therefore, the sixth respondent has opined that, the site is suitable for the issue of a consent to establish the cemetery.
3. In view of the above report of the Pollution Control Board, it is only appropriate that the second respondent considers the issue afresh and passes fresh orders on the proposal of the petitioner to establish a cemetery. It shall be open to the second respondent to hear the persons who have objected to the proposal also.
In the above view of the matter, this writ petition is allowed. Ext.P5 is set aside. The second respondent is directed to consider the application submitted by the petitioner afresh in the light of the report of the Pollution Control Board submitted in this Court, a copy of which shall be made available to the second respondent by the petitioner. The second respondent shall be at liberty to issue notices to all interested parties, including the Kerala State Pollution Control Board, to hear them and to pass W.P.(C).No.7060 of 2013 4 appropriate orders in the matter, in accordance with law. Orders as indicated above shall be issued, as expeditiously as possible and at any rate, within a period of three months of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.