HEMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who are residents within the limits of the 2nd respondent-Municipality are aggrieved by what they describe as the proposal of the Municipality to establish ad commission an L.P.G. Crematorium at Tholicode, Punalur without complying with the mandatory provisions contained in the statutes. They seek a writ of mandamus commanding the 2nd respondent-Municipality not to proceed with the construction of the L.P.G. Crematorium at Tholicode, Punalur without complying with the mandatory provisions contained in the statute.

(2.) An Advocate was deputed as Commissioner for inspection of the premises in question and he has filed a report. When it was seen from the Commissioner's report that the work relating to the construction of the L.P.G. Crematorium had only started, this court on 9.3.2007 directed that the party respondents shall maintain status quo obtaining as on that day for a period of five days and that interim order has been continued till date.

(3.) Detailed counter affidavit has been placed on record by the Municipality producing various documents. Elaborate submissions were also addressed before me by Mr.R.Renjith, counsel for the petitioners and Mr.B.Krishnamani, Standing Counsel for the Municipality.