2025:KER:18906 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 WP(C) NO. 41952 OF 2024 PETITIONERS: 1 KAROORKKADAVU MUSLIM JAMA-ATH, REP. BY IT'S PRESIDENT, JALALUDHEEN KUNJU, AGED 70 YEARS S/O. MUHAMMED KUNJU, PANAVILAYIL, NORTH MYNAGAPPALLY P.O., KOLLAM, PIN - 690519 2 JALALUDHEEN KUNJU, AGED 70 YEARS S/O MUHAMMED KUNJU, PANAVILAYIL, NORTH MYNAGAPPALLY P.O., KOLLAM, PIN - 690519 BY ADVS. P.A.ABDUL JABBAR SHAHIM BIN AZIZ RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM, KERALA, PIN - 691013 2 THE DISTRICT MEDICAL OFFICER, 2ND FLOOR, VADDY - CIVIL STATION, RD, ANANDAVALLESWARAM, VIDYA NAGAR, KOLLAM, KERALA, PIN - 691013 3 MYNAGAPPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MYNAGAPPALLY P.O., KOLLAM, PIN - 690519 4 ADDL. R4 NORTH MYNAGAPPALLY MUSLIM JAMA'ATH COMMITTEE (REGISTRATION NO.8986/RA OF THE KERALA STATE WAKF WP(C) NO.41952 of 2024 2 2025:KER:18906 BOARD) NORTH MYNAGAPPALLY (P.O.), KUNNATHOOR, MYNAGAPPALLY, KOLLAM, 690519, REPRESENTED BY ITS PRESIDENT JALALUDHEEN KUNJU, AGED 62, S/O KOCHUKUNJU, JESIN VILLA, NORTH MYNAGAPPALLY (PO), KOLLAM, PIN 690519 5 ADDL. R5 MR. JALALUDHEEN KUNJU AGED 62, S/O KOCHUKUNJU, JESIN VILLA, NORTH MYNAGAPPALLY (PO), KOLLAM, PIN 690519 [ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 25.02.25 IN IA 2/2025 OF WP(C) 41952/24] BY ADVS. ADV VINOY VARGHESE KALLUMMOOTTIL M.A.VAHEEDA BABU BABU KARUKAPADATH ARYA RAGHUNATH P.LAKSHMI AYSHA E.M. HASHIM K.M. M.I.INSAF MOOPPAN RISHI VINCENT HANIYA NAFIZA V.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.41952 of 2024 3 2025:KER:18906 JUDGMENT The 1st petitioner is a Muslim Jama-ath, represented by its President, and the 2nd petitioner is the President of the said Jama-ath. The grievance of the petitioners is with regard to the non-consideration of the application submitted by the 1st petitioner for granting permission to utilise a property owned by the 1st petitioner as a burial ground. It is pointed out that Ext.P4 application submitted by the 1st petitioner earlier, was rejected as per Ext.P3, on the reason that, the property proposed to be utilised for the said purpose, does not conform to the statutory requirements as far as the minimum distance contemplated, is concerned. 2. Now the petitioners have purchased some additional properties, to address the minimum distance requirements. Thereafter, they have carried out certain additional constructions, including a concrete wall, to enable the petitioners to have certain relaxations in the rules regarding the distance. Therefore, after completing WP(C) NO.41952 of 2024 4 2025:KER:18906 the said constructions, the petitioner submitted another application in the form of Ext.P4, which is now pending consideration. The case of the petitioners is that, the said application is not being considered by the 3rd respondent panchayat, solely on the reason that, in W.P.(C) No.16910/2024, filed by the additional respondents 4 and 5, there is an interim order passed by this Court on 10.05.2024. 3. I have heard Sri. P. A Abdul Jabbar, learned counsel for the petitioner, Smt. Amminikutty, learned Government Pleader for the respondents 1 and 2. Sri. Vinoy Varghese, learned counsel appearing for the 3rd respondent, and Sri. Babu Karukapadath, learned counsel appearing for the respondents 4 and 5. 4. Evidently, the only impediment that stands in the way of consideration of the Ext.P4 application, is the interim order passed by this Court, which is produced as Ext.P5 in the writ petition. The said fact is clearly mentioned in Ext.P6, by which the panchayat WP(C) NO.41952 of 2024 5 2025:KER:18906 has intimated that, the application cannot be considered. However, as far as the Ext.P5 interim order is concerned, the same was passed by this Court, on the reason that, as of now, the petitioners do not have the permission to use the said property as a burial ground. That will not in any manner stand in the way of the Panchayat in considering the application submitted by the 1st petitioner, if the property which is proposed to be utilized for the said purpose conforms to the necessary statutory requirements in this regard. Therefore, the panchayat has to consider the said application and take a decision in accordance with the law. 5. The learned counsel for the 4th and 5th respondents have raised serious objections against request made by the petitioners to utilise the said property as a burial ground. However, I am of the view that, since an application is submitted by the petitioners, the decision can be taken by the 3rd respondent panchayat after hearing the objections of the 4th and 5th respondents as WP(C) NO.41952 of 2024 6 2025:KER:18906 well. Therefore, I am inclined to dispose of this writ petition with the following directions. Accordingly, it is ordered that, the competent authority under the 3rd respondent shall take up Ext.P4 application submitted by the 1st petitioner and shall take a decision on the same in accordance with law, after giving the 4th and 5th respondents, an opportunity to submit their objections, which shall be submitted within a period of two weeks from the date of receipt of copy of the judgment. The decision shall be taken within a period of one month from the date of receipt of a copy of this judgment after hearing the petitioners as well as the additional respondents 4 and 5. Sd/- ZIYAD RAHMAN A.A. JUDGE HKH/06.03.2025 WP(C) NO.41952 of 2024 7 2025:KER:18906 APPENDIX OF WP(C) 41952/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE APPLICATION DT: 15.09.2022 SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE ORDER DT. 25.03.24 PASSED BY THE KERALA STATE WAQF BOARD IN I.A. NO. 46/2024 IN I.A. NO. 86/2024 IN O.P. NO. 42/2024. EXHIBIT-P3 TRUE COPY OF THE LETTER DT: 08.02.2024 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4 TRUE COPY OF THE APPLICATION DATED 20.06.2024 WITH THE SITE PLAN SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT-P5 TRUE COPY OF THE INTERIM ORDER DATED 10.05.2024 PASSED IN W.P.( C) 16910/2024. EXHIBIT-P6 TRUE COPY OF THE LETTER DT: 21.06.2024 RECEIVED BY THE PETITIONER FROM 3RD RESPONDENT.