Document Fragment View

Matching Fragments

(iv) Award the petitioners the cost of this Writ Petition."

In the Writ Petition counter affidavit has been filed by the Panchayat, to which reply affidavit has also been filed by the petitioners.

5. W.P(C) No.8388 of 2011 (K.Krishnakumar v. State of Kerala and Others) has been filed by the petitioner who is an Advocate practising in Ottappalam Bar. Petitioner pleads that all that is included between the periods when a human soul gets into the womb of a mother until the body ends in a crematorium freeing the soul, is decided in accordance with spiritual rights which W.P(C) No.8010 of 2011, etc. is the basic concept of 'Shodasha Samskar' as believed and followed by a Hindu. It is pleaded that in the five snana ghats on the banks of river Bharathapuzha cremation is done only in Thiruvilwamala. Petitioner further pleads that what is "manikarnika ghat in Varanasi is "Thiruvilwamala to Bharathapuzha." Petitioner challenges the Resolution, Ext.P1, passed by the Panchayat prohibiting cremation of dead bodies from outside the Panchayat from 01.04.2011. Counter affidavit has been filed by the Panchayat.

7. It is common knowledge of any inhabitant in Gods Own Country that Ivor Madom Crematorium was in existence from time immemorial. The same is a consecrated place. Several eminent personalities from the length and width of Kerala had expressed their desire to be cremated at Ivaor Madom and their wishes were W.P(C) No.8010 of 2011, etc. fulfilled by their heirs. Eminent personalities like Vuyloppilli, who died decades back, O.V. Vijayan etc., are some of them. Though none of these personalities had any direct connection with Thiruvalwamala, they expressed their desire to be cremated at Ivor Madom solely on the strength of their belief based on the 'Aithihya'. Even today aged persons, when they start of thinking of their last days express their desire to be cremated at Ivor Madom. Several persons who had lost their life partner whose bodies were cremated at Ivor Madom expressed their desire to be cremated in the place where their life partner was cremated. Practically, the right to be cremated in Ivor Madom Crematorium is not just a custom to faith which is to be equated with ones faith in the Lord Almighty himself."
The main reason thus given by the Panchayat is "pollution due to the heavy flow of dead bodies".

40. The ground given by the Panchayat in its counter affidavit is the ground given under Rule 10 to take a decision for prohibiting the burial or burning ground by which the health of persons living in the neighbourhood is enendangered. However, for taking a decision to prohibit burning or burial ground, a procedure is prescribed in which there are two mandatory steps; firstly, after the Panchayat decides to prohibit the burial or burning ground, the said decision has to be forwarded to the District Medical Officer and the District Medical Officer, after conducting necessary enquiries, submit the decision of the Panchayat to the District Collector with specific recommendation; and W.P(C) No.8010 of 2011, etc. secondly, the District Collector, after considering the decision of the Panchayat and recommendation of the District Medical Officer, if satisfied that the place shall not be used for the disposal of the corpses can give notice to that effect. In the present case, the Panchayat itself has referred to a report of the District Medical Officer dated 25.10.2010, which report was sent to the Grama Panchayat on a complaint received against the public crematorium. The District Medical Officer noted that a complaint has been received regarding environmental pollution created by the public crematorium, where the District Medical Officer made the following remedial measures (Translated to English)):

However, the Panchayat is free to provide option of electric crematorium at the burning ghat to check the environmental pollution.

The State Government shall extend W.P(C) No.8010 of 2011, etc. necessary help to the Panchayat in setting up the electric crematorium. 

        ii) W.P(C).Nos.10040         and   11343  of

                2011 are dismissed.

iii) W.P(C).No.24154 of 2012 is allowed.