PAURASAMITHI VADAYAMPADY Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ appeal is filed by the petitioners in WP(C) No.11139/2016 challenging judgment dated 3/12/2018 by which the writ petition came to be dismissed. Writ petition was filed inter alia seeking to quash Ext.P5 order passed by the Under Secretary to Local Self Government Department and for a writ of mandamus to pass appropriate orders in Ext.P6 review petition filed by the petitioners against Ext.P5 order and for certain other reliefs.

(2.) First petitioner is an unregistered body and the 2 nd petitioner is a ward member of Poothrikka Grama Panchayat. The controversy involved is with reference to a decision taken by the Poothrikka Grama Panchayat for construction of a gas crematorium. Panchayat had decided to utilise 30 cents of land in Sy.No.331/2 of Ikkaranad Village. Necessary funds were allocated from the Member of Parliament Local Area Development Scheme. Administrative sanction was also granted. Permission was sought by the Panchayat before the District Collector for establishing the crematorium. The application was forwarded to the District Medical Officer and the construction of crematorium was recommended on certain conditions. After conducting necessary enquiry, and after obtaining reports from various authorities, permission was denied as per order dated 30/11/2013. The 7 th respondent Sri.N.V.Krishnankutty challenged the said order before the Government. By Ext.P5 order, the Government directed the District Collector to grant permission for construction of the gas crematorium. Petitioners preferred a review before the Government and since no action was taken in the matter and when in the meantime, attempts were made to construct the crematorium, this writ petition is filed.

(3.) The Secretary in charge of the Grama Panchayat filed counter affidavit supporting the stand taken by them. It is stated that implementation of the above project was included n the 2018-19 annual project. The rough estimate for construction will come to Rs.87 lakhs. Since the fund of the Panchayat was not sufficient, it was decided to seek assistance from Kochi Refineries Ltd (KRL). A sum of Rs.50 lakhs was sought from Kochi Refineries Ltd and the Panchayat Committee in its meeting held on 22/9/2018 resolved to seek assistance from KRL from its CRS fund and the said request was approved by KRL. It is on that basis that further steps were taken to construct the crematorium.