ULIYAN NARAYANAN Vs. DISTRICT COLLECTOR KANNUR

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondents not to grant licence for starting a public burial ground in R.S.No.453/4 of Kannapuram amsom desom, and further directing the respondents to take effective steps to demolish the illegal construction of the building as well as to stop burning and burial of dead bodies in R.S.No.453/4 of Kannapuram amsom desom. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is having property situate in Re-survey No.530/2A in Kannapuram amsom desom and a house therein within the limits of the 2nd respondent Grama Panchayat. According to the petitioner, he is residing in the residential building from the year 1985, and the area is a residential one surrounded by several other houses and hundreds of people are residing there. On the northern side of the petitioner's property, there was a burial ground owned by a particular family situated in RS No.453/4. The said property was used as tharawad burial ground very long time ago, even before the construction of the house by the petitioner in the year 1985. As it is a tharawad burial ground, one or two dead-bodies were buried in the said property by the family members of the said property after 1985, to the knowledge of the petitioner. When the petitioner constructed the house only few houses were in that area, but subsequently, many houses were constructed and now it is a thickly populated area. It is also the case of the petitioner that, no dead-bodies were buried by the tharawad members in the immediate past.

(3.) However, recently some people who are not residing in the locality brought dead bodies and burned the bodies in open space, causing nuisance and air pollution in the area. Even though petitioner and others resisted such activity, it only fell in deaf ears. Now, certain people are trying to get licence from the respondents to make a public burial ground in the said property, which according to the petitioner, will cause innumerable nuisance and irreparable injury to the residents of the locality. It is also submitted that, there is a public burial ground in the same Panchayat within one kilometer of the above said family burial ground. Therefore, there is no necessity to have another public burial ground in the same Panchayat, only because of the reason that there existed a family burial ground, and the property on the northern side of the petitioner's property cannot be converted into a public burial ground by some people in the Panchayat who are not residing near to the proposed burial ground with the connivance of the Panchayat. It is also stated that, there are various residential buildings situated close to the aforesaid property, and therefore, no permission also can be granted by the authorities in order to start a burial ground or crematorium.