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2018 Supreme(Ker) 476

SHAJI P.CHALY
SACHITHANANDAN S. P. , S/O PRABHAKARAN – Appellant
Versus
VICAR, ST. SEBASTIAN CHURCH – Respondent


Advocates Appeared:
For the Petitioner: SRI. R.KRISHNA RAJ, SMT. E.S.SONI, SMT. KUMARI SANGEETHA S.NAIR Adv.
For the Respondent:SRI. K.P. DANDAPANI (SENIOR ADVOCATE), SRI. MILLU DANDAPANI, SRI.SANTHOSH P.PODUVAL Adv., SMT. R.RAJITHA, GOVERNMENT PLEADER SMT. RAJI T. BHASKAR, SRI. T.NAVEEN, SC

JUDGMENT :

The following are the reliefs sought for by the petitioners in the writ petition:

“a. Quash Ext.P5 by the issue of writ of certiorari or such other writ or order or direction; and

b. Direct the District Collector to re-consider the matter afresh and hear all the affected parties as directed by this Hon'ble Court in W.P.(C) No.3069/2016 including the 1st petitioner by the issue of a writ of mandamus or such other writ or order or direction.”

2. Brief material facts for the disposal of the writ petition are as follows:

3. Petitioners are residents of Elavally Grama Panchayat. According to the petitioners, in the year 1968, 1st respondent obtained a licence for operating a cemetery in a property situated in Re-survey No.71/1-C of Elavally Village in Ward No.VII of Elavally Grama Panchayat, i.e., the 2nd respondent. The property in which the licence to operate the cemetery was situated at a height of more than 100 feet from the road level, as it was on the top of a small hillock. When the licence was granted, the residents of the locality including

the petitioners herein, had no objection whatsoever, as it would not have affected them in any manner. Though such a licence was issue











































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