ALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGE is against Ext.P7 order issued by the 2nd respondent through which licence was granted to the 5th respondent for starting a new burial ground, in exercise of power vested under Rule 6 of the Kerala Panchayat Raj (Burial and Burning Ground) Rules, 1998 (hereinafter referred to as the 'Rules'). The petitioners are also challenging Ext.P8 appellate order of the Government, wherein Ext.P7 was confirmed.

(2.) INITIALLY , an interim order was granted in this writ petition staying operation of Ext.P7, which was subsequently modified on 20.5.2010. The interim order was vacated permitting burial in the ground and directing authorities of the State Pollution Control Board to conduct an inspection in the locality including the wells and ponds, after usage of the ground for burial, and to file report before this Court. The petitioners have challenged the said order in W.A.No.1125/2010. The appeal was disposed of directing continuance of stay against Ext.P7 and directing an early disposal of this writ petition. Hence the factual position continues that, Exts.P7 and P8 are not implemented.

(3.) HEARD ; Sri.T.Krishnanunni, Senior Counsel appearing for the petitioners, Sri.E.Narayanan, learned counsel appearing for the 5th respondent and learned Government Pleader appearing for official respondents.