SREE VENKETESWARA SEVA SANGHAM Vs. ANTONY

JUDGEMENT

(1.) THESE two Writ Appeals arise out of a judgment and order of Learned Single Judge dated 10.12.2008 in W.P.(C) No. 31463 of 2007 and W.P.(C) No. 32933 of 2007. The appellants were respondents in the Writ Petition, whereas the Writ Petition was filed by private respondents. Parties shall be referred to as described in the Writ Petition. W.P.(C) No. 31463/07 is being treated as leading Writ Petition and it is suffice to refer the pleadings of said Writ Petition for deciding both these appeals. Brief facts of the case which need to be noted are:

(2.) COUNTER affidavits were filed in the Writ Petition by both 6th and 7th respondents. The 7th respondent claimed to be the owner of 40 cents of property in Survey No. 219/2. It was pleaded by 7th respondent that the crematorium is in existence for the last more than 100 years much before the petitioners started residing at Thammanam. It was pleaded that the crematorium was in existence from time immemorial. The settlement register of Poonithura Village of Kanayannur Taluk, published as early as in 1083 M.E., shows that the land is used as crematorium since even then. The relevant pages of settlement register dated 20th Chingam 1081 M.E. was produced as Ext. R7(a). The 6th respondent Samithy was formed to maintain and look after the crematorium. 6th respondent was permitted to construct a boundary wall vide memo dated 30.09.1969.

(3.) THE learned Single Judge, after hearing the parties, by impugned judgment dated 10.12.2008, allowed the Writ Petition quashing Ext. P4 building permit and directed the Corporation to reconsider the application dated 13.01.2004 in the light of the statutory provisions. No opinion was expressed by the learned Single Judge about the consent issued by Pollution Control Board and No Objection Certificate issued by Assistant Divisional Officer, Fire and Rescue Services.