In response to the afore
submissions of the petitioner, as made by
his learned counsel Sri.Sunil V. Mohammed,
the learned Standing Counsel for the 3rd
respondent - Shri.Noushad Thottathil,
submitted that a counter affidavit has been
filed on record, wherein the following
averments have been made which would
WP(C).No.16391 OF 2020 4
limpidly establish that a comparative
assessment of the merit of both the
petitioner and the 4th respondent was made
by the Manager, before the latter was
appointed as the Headmaster.
2. I have heard the submissions of Senior Advocate
Mr.P.N.K.Achan on behalf of the petitioner, Mr.Sunil V. Mohammed,
counsel for the 6th respondent and Mr.K.J. Mohammed Anzar,
learned Government Pleader on behalf of respondents 1 to 4 in
extenso on the prayer for interim relief. The materials available
before me including Ext.P3 order of the Government will show that
though unauthorisedly and without licence the dead bodies of
persons owing allegiance to the petitioner-Committee were being
burnt on the property in question. That is why the Government
itself under Ext.P3 (see its penultimate paragraph) found that the
cemetery has been in existence on the property having an extent
of 1.37 Acres of Government puramboke land in R.S.No.60/1 and
ordered assignment of 25 cents of land elsewhere in favour of the
petitioner-Committee. In Ext.P8 order of the District Collector
which is impugned in this Writ Petition it will be seen that the
Collector's decision turns on what according to him was the status
quo obtaining as on 23.1.2007. According to the District Collector,
in Ext.P8 the status quo obtaining as on that date was that the
dead bodies were not being buried or burned in the properties in
question. I do not think that the District Collector is right in his
view as to what was the status quo as on 23.1.2007. The Writ
Petition will stand admitted. Respondents 1 and 2 are directed to
file counter affidavits answering the grounds raised in the Writ
Petition. The first respondent in its counter affidavit will state as to
whether the 25 cents of land indicated in Ext.P3 has been identified
for assignment to the petitioner-Committee. Post after two months
W.P.(C) Nos. 34570 of 2006, 2674 of 2007,
3867 of 2008, 25028 of 2011 & 33455 of 2022 16
along with W.P.C.Nos.34570/06 & 2674/07. In the meanwhile the
respondents are directed to permit the petitioner-Committee to
maintain status quo regarding burning of dead bodies on condition
that all precautionary measures will be taken by the petitioner-
Committee to avoid any room for complaint from any quarter on
grounds of pollution or otherwise. Before taking up burning of any
dead body pursuant to this order, intimation will be given by the
petitioner to additional respondents 7 and 8 and they will ensure
that burning of dead bodies by the petitioner-Committee does not
cause room for any compliant from any quarter in the context of
pollution related problems."
9. I have heard Sri.Sunil V. Mohammed, learned counsel for the
petitioner, Sri.Binoy Davis learned Government Pleader for the official
respondents and Sri.R.Ramadas, learned counsel for the 4th
respondent.
6. I have heard Sri.Sunil V. Mohammed, the learned
counsel for the applicant, Sri.E.C.Bineesh, the learned Senior
Public Prosecutor and Sri.Sangeetha Raj N.R., the learned
Public Prosecutor. Perused the case diary.
6. I have heard Sri.Sunil V. Mohammed, the learned
counsel for the applicant, Sri.E.C.Bineesh, the learned Senior
Public Prosecutor and Sri.Sangeetha Raj N.R., the learned
Public Prosecutor. Perused the case diary.
3. Sri.Sunil V. Mohammed - learned counsel for the
petitioner, explained that the I.As were filed in such fashion only
because, all the three matters are being disposed of together
through a joint trial. Even this is not convincing because, it is the
first principle that applications have to be filed in the case in
which reliefs are sought whether it is being tried jointly or
otherwise.
Sri.Sunil V. Mohammed, learned Counsel
appearing for the wife fairly submits that the
wife is willing to permit the paternal
grandparents to interact with the child from
11.00 a.m to 4.00 p.m on either the 17th or 18th
of this month. It is also submitted that the
child being of tender age, it has to be assured
that the grandparents are Covid negative by
taking an RTPCR or antigen test of 72 hours
prior to the date of interaction. The further
submission is that the interaction with the child
should be at Thalassery, near to the tharavadu
house of the wife.
Sri.Sunil V. Mohammed, learned Counsel
appearing for the wife fairly submits that the
wife is willing to permit the paternal
grandparents to interact with the child from
11.00 a.m to 4.00 p.m on either the 17th or 18th
of this month. It is also submitted that the
child being of tender age, it has to be assured
that the grandparents are Covid negative by
taking an RTPCR or antigen test of 72 hours
prior to the date of interaction. The further
submission is that the interaction with the child
should be at Thalassery, near to the tharavadu
house of the wife.