Karnataka High Court
Narayanappa vs The State Of Karnataka on 1 February, 2016
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2016
PRESENT
THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.52929 OF 2015(GM-RES/PIL)
BETWEEN:
1. NARAYANAPPA
S/O LATE SANJEEVAPPA,
AGED ABOUT 74 YEARS,
R/AT NEAR NAGARA KATTE,
SIRA ROAD, PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
2. G T VENKATARAJU
S/O LATE THIMMARAYAPPA
AGED ABOUT 24 YEARS
R/AT RMC BACK SIDE,
PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
3. T SUBRA NAYAKA
S/O THIMMANAYAKA,
AGED ABOUT 46 YEARS,
DOCUMENT WRITER,
2
RAIN GAUGE EXTN.,
PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
4. M.R. SATYA NARAYANA REDDY
S/O T.RAMALINGA REDDY
AGED ABOUT 32 YEARS,
R/AT SIRA ROAD,
NEAR SRINIVASA TALKIES,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
5. P R NAGAPPA
S/O NAGARAJU
AGED ABOUT 28 YEARS
NEAR OLD WATER TANK,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
6. M R MANJUNATHA
S/O T RAMALINGA REDDY
AGED ABOUT 32 YEARS,
SIRA ROAD, NEAR SRINIVASA TALKIES,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
7. SANNI
S/O MUNIYAPPA
AGED ABOUT 22 YEARS,
AUTO DRIVER, PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
8. MURULI
S/O HARISH,
SIRA ROAD, NEAR PETROL BUNK,
PAVAGADA, TUMAKURU DISTRICT,
3
PIN CODE - 561 202.
9. P SRINIVASALU
S/O HANUMANTHAPPA
AGED ABOUT 40 YEARS,
OLD KUMBARA STREET,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
10. NAGARAJU
S/O SUBBARAYAPPA
AGED ABOUT 40 YEARS,
TUMAKURU ROAD,
SANTHI NAGARA,
PAVAGADA, PIN CODE - 561 202.
11. SURESHA
S/O CHINNAPPA
AGED ABOUT 31 YEARS,
MUTHYALAMMA TEMPLE ROAD,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
12. RATHNAMMA
W/O SANJEEVAMURTHI,
AGED ABOUT 39 YEARS,
LAKSHMIPATHI LAYOUT,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
13. RAMESH
S/O P R RAJAGOPAL NAYKA
AGED ABOUT 39 YEARS, RAIN GUAGE EXTN.,
PAVAGADA, TUMAKURU DISTRICT, PIN - 561 202.
14. RIYAZ AHMED
S/O BASHIRSHAB
AGED ABOUT 40 YEARS,
4
OLD KUMBAR STREET,
PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
15. SHIVAKUMAR
S/O MADAPPA
AGED ABOUT 25 YEARS
AK COLONY, PAVAGADA,
TUMAKURU DISTRICT
PIN CODE - 561 202.
16. KAILASH
S/O AKKALAPPA,
AGED ABOUT 35 YEARS,
KORACHARA STREET,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
17. NARASIMHARAJU
S/O OBALANARASHIMAPPA
AGED ABOUT 38 YEARS,
A D COLONY, PAVAGADA,
TUMAKURU DISTRICT,
PIN CODE -561 202.
18. S RAVINDRA REDDY
S/O ANJINAREDDY S
AGED ABOUT 44 YEARS
K E B BACK SIDE
PENUKONDA ROAD,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE -561 202.
19. K S MANJUNATH
S/O NAGARAJAPPA
AGED ABOUT 38 YEARS,
RAIN GAUGE EXTN.,
5
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
20. HANUMATHAPPA
S/O LATE RAMANJANAPPA
AGED ABOUT 38 YEARS
NEAR OLD WATER TANK,
PAVAGADA, TUMAKURU DISTRICT,
PIN - 561 202.
21. P.A.MANJUNATH
S/O ANJINAPPA,
AGED ABOUT 38 YEARS
NEAR OLD WATER TANK
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
22. M. RAMANJI
S/O RANGAPPA
AGED ABOUT 40 YEARS,
ASHRYA LAYOUT,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
23. HARISH
S/O NAGARAJU,
AGED ABOUT 30 YEARS,
ASHRYA LAYOUT,
PAVAGADA, TUMKUR DISTRICT,
PIN CODE - 561 202.
24. RAMESH
ASHWATHAPPA,
AGED ABOUT 38 YEARS,
PENUKONDA ROAD, ROPPA,
PAVAGADA, TUMKUR DISTRICT,
PIN CODE - 561 202.
6
25. RAMANJINAPPA B S
S/O NARASIMAPPA,
AGED ABOUT 39 YEARS,
GANDHI NAGARA,
PAVAGADA, TUMAKURU DISTRICT.
PIN CODE - 561 202.
26. G.H. THIPPESWAMY
S/O THIMMAPPA,
AGED ABOUT 40 YEARS,
MILK VENDOR, SIRA ROAD,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
27. RAM BHIMAIAH
S/O BHIMAIAH,
AGED ABOUT 40 YEARS,
M.A.R. LAYOUT,
TUMAKUR ROAD, PAVAGADA.
TUMAKURU DISTRICT,
PIN CODE - 561 202.
28. GOVINDARAJU
S/O LATE HANUMANTHARAYAPPA
AGED ABOUT 38 YEARS,
NEAR KOTE ANJNEYA SWAMY TEMPLE,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE - 561 202.
29. P.T.SRINIVASULU
S/O THIMAPPA,
AGED ABOUT 38 YEARS
SHANTHI NAGARA, TUMAKURU ROAD,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE - 561 202.
30. ANIL
S/O DASAPPA,
7
AGED ABOUT 30 YEARS
A.K.COLONY,
NEAR WATER TANK,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE -561 202.
31. GANGARAJU
S/O VENKATARAVANAPPA,
AGED ABOUT 43 YEARS,
VINAYAKA NAGAR,
B.E.O OFFICE BACK SIDE,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
32. K S RAMARAJU
S/O SATHYANARAYANAPPA,
AGED ABOUT 36 YEARS
SHANTHI NAGARA,
TUMAKURU ROAD,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE -561 202.
33. ASHWATH NARAYANAPPA
S/O MUTHYALAPPA,
AGED ABOUT 40 YEARS
BEHIND OLD POLICE MALIGEGALU,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE - 561 202.
34. SATISH
S/O SUBBAIAH,
AGED ABOUT 40 YEARS,
KORACHARA STREET,
SIRA ROAD,
GANDHI NAGARA,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE -561 202.
8
35. THIPPESWAMY
S/O NARASAPPA,
AGED ABOUT 42 YEARS,
A.K.COLONY,NEAR MARIGAMMANA TEMPLE,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE - 561 202.
36. MURTHY
S/O ANJINAPPA,
AGED ABOUT 40 YEARS,
TEACHERS COLONY,
PENUGONDA ROAD,
PAVAGADA, TUMAKURU DISTRICT
PIN CODE -561 202. ... PETITIONERS
(BY SRI:M.ERAPPA REDDY M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT, VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT,
TUMAKURU, PIN CODE - 561 202.
3. THE ASSISTANT COMMISSIONER
MADHUGIRI SUB - DIVISION,
MADHUGIRI,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
4. THE TAHSILDAR
PAVAGADA, PAVAGADA TALUK,
TUMAKURU DISTRICT,
PIN CODE - 561 202.
9
5. PAVAGADA TOWN MUNICIPALITY
REPRESENTED BY ITS CHIEF OFFICER,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202.
6. ARYA VYSHYA MANDALI
BY ITS SECRETARY,
PAVAGADA, TUMAKURU DISTRICT,
PIN CODE - 561 202. ... RESPONDENTS
(BY MS.NILOUFER AKBAR, AGA FOR R1 TO R4
SRI S.K.VENKATA REDDY, ADVOCATE FOR R6)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER PASSED BY THE R-2 VIDE
ANNEXURE -D DATED 17.1.2015 AND ANNEXURE-G
ISSUED BY THE R2 DATED 26.10.2015 AS BOTH ARE
PASSED IN RESPECT OF SAME PROPERTY AND FOR SAME
PURPOSE AND DIRECT THE RESPONDENTS NOT TO USE
THE 10 GUNTAS OF LAND IN SY.NO.22 OF PAVAGADA AS
GRAVE YARD.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, Acting Chief Justice, MADE THE FOLLOWING:
ORDER
This is a writ petition, in the nature of public interest litigation filed to stop the running of a crematorium, inter alia, on the ground that it has been established near the government school, office and temple. 10
2. A Court hall memorandum is moved by Miss Niloufer Akbar, learned additional government advocate, annexing a letter dated January 13, 2016, written by the Deputy Commissioner, Tumakuru District.
3. It has been stated in the said letter that the crematorium is about half-a-kilometer away from the school and the school authorities have, also, conveyed no objection for establishing the crematorium in the area. It is, also, stated that the temple and the government offices are not very close and, that, a crematorium is, also, urgently required in the area.
4. The learned advocate appearing for the respondent Nos. 5 and 6 submits, on instructions, that a special kind of furnace is installed and there is a long chimney to discharge the smoke emitting from such furnace without causing any environmental pollution. He, 11 further submits that although the crematorium is established by members of a particular caste, but there shall be no bar in cremating the dead bodies of other castes provided fees for cremation is deposited.
5. In that view of the matter, we request the Deputy Commissioner, Tumakuru, to keep a vigil on the crematorium and to see that no pollution is caused.
6. The writ petition stands rejected with the aforesaid observations.
7. There will be no order as to costs.
SD/-
ACTING CHIEF JUSTICE SD/-
JUDGE Rsk/-