IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 16^TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 WP(C) NO. 24126 OF 2015 PETITIONERS:

1 O.E.ABRAHAM S/O.EAPEN, AGED 68 YEARS, OOLACKAL HOUSE, ULIKKAL, KANNUR-670705.

2 N.P.ABDULLA HAJI S/O.KUNHALI, AGED 57 YEARS, KHADEEJA VILLA, C.P.K.H. HOUSE, ULIKKAL, KANNUR-670705.

3 SHAJI P.K.

S/O.KURIAN, AGED 52 YEARS, PUTHIYEDATH THAZHATHU HOUSE, ULIKKAL, KANNUR-670705.

BY ADVS.

SRI.T.KRISHNANUNNI (SR.)

SRI.M.DEVESH SRI.K.C.KIRAN SMT.MEENA.A. SRI.SAJU.S.A SRI.VINOD RAVINDRANATH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE DISTRICT COLLECTOR COLLECTORATE, KANNUR-670001.

3 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, KANNUR-670001.

4 TAHSILDAR TALIPARAMBA, KANNUR-670001.

5 ULIKKAL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ULIKKAL P.O., KANNUR-670705.

6 THE DISTRICT MEDICAL OFFICER KANNUR-670003.

7 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, KANNUR DISTRICT OFFICE, KANNUR-670001.

8 FR.ROBIT PHILIP VICAR, INFANT JESUS CHURCH, ULIKKAL P.O., IRITTY VIA, KANNUR 670705.

BY ADVS.SRI.T.TAVEEN, SC SRI.CIBI THOMAS SRI.GRASHIOUS KURIAKOSE SR.

SRI.GEORGE MATHEWS SRI.B.PRASANTH, SC, POLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.24126 of 2015 ----------------------------------------------

Dated this the 16^th day of February, 2024

JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ, order or direction calling for the records resulting in Exhibits P9, P10 and P11 Orders, scrutinize and quash the same.

ii. issue a writ of mandamus or any other appropriate writ or direction to respondents 2 to 7 to prevent the construction of the cemetery pursuant to Exhibit P11 Order.

iii. Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioners may pray from time to time. (SIC)

2. When this writ petition came up for consideration, the learned Senior Counsel Sri.Gracious Kuriakose, who is appearing for the 8^th respondent, submitted that the impugned order is challenged by another person, which is considered by a Single Judge of this Court and the same is confirmed by the Division Bench in Writ Appeal No.1137/2015. The counsel for the petitioners submitted that he has no instruction from the parties about the same.

3. In the light of the above submission of the counsel for the 8^th respondent, I think this writ petition need not be retained here.

This writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF WP(C) 24126/2015 PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED 8/11/2010 ALONG WITH ANNEXURES SUBMITTED BY 8TH RESPONDENT FOR LICENCE FOR ESTABLISHING A BURIAL GROUND IN THE PROPERTY AS PER THE PROVISIONS OF KERALA PANCHAYATH RAJ (BURIAL AND BURNING GROUNDS RULES) 1998.

EXHIBIT P2- TRUE COPY OF THE DIFFERENT SITE AND LAY OUT PLAN FOR THE PROPOSED CEMETERY SUBMITTED BY 8TH RESPONDENT. EXHIBIT P3- TRUE COPY OF THE BUILDING PERMIT GRANTED TO THE PETITIONER DATED

10/11/2010.

EXHIBIT P4- TRUE COPY OF THE REPORT DATED

8/7/2011 SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF THE CONSENT ISSUED BY THE 7TH RESPONDENT DATED

6/9/2011.

EXHIBIT P6- TRUE COPY OF THE OBJECTION DATED 21/5/12 SUBMITTED BY THE PEPTITIONERS TO THE 2ND RESPONDENT.

EXHIBIT P7- TRUE COPY OF THE ORDER OF THE

2ND RESPONDENT DATED 26/2/2013.

EXHIBIT P8- TRUE COPY OF THE ORDER OF THE

1ST RESPONDENT DATED 11/9/2013.

EXHIBIT P9- TRUE COPY OF THE ORDER OF THE

2ND RESPONDENT DATED 3/3/2014.

EXHIBIT P10- TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 11/8/2014.

EXHIBIT P11- TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/12/2014.

EXHIBIT P12- TRUE COPY OF