JUDGMENT

Dated this the 17th day of March, 2022 This writ petition is filed seeking the following reliefs:

“a.Call for the records leading upto Ext.P5 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction.

b.Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to consider and pass orders on Ext.P6 within a time frame fixed by this Hon'ble Court after affording an opportunity to the petitioner.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the Gramapanchayat.

3. It is submitted by the learned counsel for the petitioner that a provisional NOC has been granted by the District Medical Officer for the establishment of a burial ground in premises very near to petitioner's residential house. It is submitted that the petitioner has submitted Exhibit P6 objection before the District Collector with regard to the establishment of the burial ground in the proposed premises.

Having heard the learned Government Pleader as well as the learned Standing Counsel , I am of the opinion that since the petitioner has raised an objection, the same is liable to be considered in accordance with law. There will, accordingly, be a direction to the 3rd respondent to take up Exhibit P6 representation submitted by the petitioner and to consider and pass orders on the same after hearing the petitioner, the Grama Panchayat, the representatives of the Forest Department and any other affected parties, in accordance with law. Appropriate steps shall be taken within a period of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/- ANU SIVARAMAN JUDGE SSK/17/03 PETITIONER'S EXHIBITS:

TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER, SL NO.5 AND OTHERS UNDER Exhibit P1 SEC.249 OF THE PANCHAYATH RAJ ACT TO THE

1ST RESPONDNT DATED ON 24.06.2021.

TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER, SL.NO.5, AND OTHERS UNDER Exhibit P2 SEC.80 OF THE CPC TO OFFICIAL RESPONDENTS DATED 24.06.2021.

TRUE COPY OF THE PLAINT IN Exhibit P3 O.S.NO.158/2021 BEFORE THE MUNSIFF COURT, SULTHAN BATHERY DATED 31.08.2021.

TRUE COPY OF THE REPORT AND SKETCH OF THE Exhibit P4 ADVOCATE COMMISSIONER IN EXT.P3 SUIT DATED 13.09.2021.

TRUE COPY OF THE PROVISIONAL NOC ISSUED BY THE 2ND RESPONDENT BEARING Exhibit P5 NO.C2/5558/21/G.M.O.[H] DEPT DATED

25.05.2021.

A TRUE COPY OF THE COMPLAINT SUBMITTED BY EXHIBIT P6 THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.01.2022.

RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE