HARI PRASAD Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioners seek the following reliefs:

(2.) Brief material facts for the disposal of the writ petition are as follows:

(3.) Petitioners are aggrieved by the sanction accorded by the 1st respondent District Collector, to the 2nd respondent to construct a vault type cemetery in a densely populated area and near to a water source of the locality, and against the report filed by the Additional District Magistrate and the Superintendent of Police. The 2nd respondent filed an application before the 4 th respondent for constructing a vault type cemetery in the church property, evident from Ext.P1. According to the petitioners, the application was opposed by majority of people residing near to the church and an Action Council was formed against the construction of cemetery. Ext.P2 is a notice issued by the Action Council opposing the application submitted by the petitioner. Since there was wide-spread agitation during the year 2001, the construction of the cemetery was stopped. However, yet another application was filed in the year 2010 to restart the construction of the cemetery on the basis of the earlier application. The 1st respondent forwarded the same to the 4th respondent, i.e., the Secretary of the Cherpu Grama Panchayat, as per Ext.P3 communication dated 20.07.2010. On receipt of Ext.P3, 4th respondent sent a reply, stating that the permission for constructing the cemetery can be granted as per the sanction given by the District Medical Officer, evident from Ext.P4. On coming to know about the action of the 2nd respondent and consequential proceedings, Ext.P5 mass petition was submitted before the 1st respondent. Yet another representation viz., Ext.P6 was also submitted before the 5th respondent, the Pollution Control Board, against granting permission for constructing the cemetery. That apart, Ext.P7 representation was submitted by the 1 st petitioner before the 1st respondent dated 15.02.2012. The 2nd petitioner also submitted a representation, evident from Ext.P8. Similarly, Ext.P9 representation was submitted by the Secretary of the 'Cherpu Bhagavathy Kshetra Kshema Samithi'.