LAWS(KER)-2024-10-78

ASHA LAWRENCE Vs. STATE OF KERALA

Decided On October 23, 2024
Asha Lawrence Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) While death draws the curtain on the drama of life, it sometimes unfolds another drama among the living. This writ petition portrays a fight among the children of the deceased as to how the body is to be dealt with. The essential facts are as under:-

(2.) Heard Adv.R.Krishna Raj for the petitioner, Senior Advocate V.V. Sidharthan, instructed by Adv.D.G.Vipin, for the 5 th respondent, Adv.P.M.Benzir for the 6th respondent and Adv.N.Manoj Kumar, the State Attorney, for the Government and its officials.

(3.) The learned counsel for the petitioner assails Ext.P6 order mainly on two grounds; i) the 'expression of request' by the deceased under Sec. 4A of the Act should be made to the authorised officer and ii) the procedure followed by the 4 th respondent, while deciding the petitioner's objection, is patently illegal and vitiated by reason of the officer's bias and favourtism.