BY AD v. PAUL MATHEW

aggrieved by the attempt of the 3rd respondent to convert the vacant land in Ward No.10 to establish a modern gas crematorium.

3. According to the petitioners, the steps taken by the Municipality are not in accordance with the provisions contained in Sections 483 to 492 of the Kerala Municipality Act, 1994 and the Rule 6 of the Kerala Panchayat Raj (Burial and Burning Grounds)Rules, 1998.

4. Learned counsel for the 3rd respondent- Municipality would submit that the Municipality had decided to set up a modern gas crematorium, as there was no crematorium in existence within the limits of the Municipality and the Pattambi Taluk. It is submitted that the residents of the Municipality are facing acute hardship and are compelled to take dead bodies of their near and dear ones to the crematorium of the Shoranur Municipality or the Ivormadom, Thiruvillamala, which are situated W.P.(C) No.30728/2021 -:6:- several kilometers away. It is submitted that presently the cremation at Ivormadom is restricted to the local residents of that area. It is submitted that the land in question was gifted by one Janaki Amma on 20-02-1968 for the specific purposes of establishing a crematorium. It is submitted that the provisions of Section 30 of the Kerala Municipality Act, which deal with the powers, functions and responsibilities of the Municipality read with the provisions of the Ist Schedule to the Kerala Municipality Act indicate, beyond doubt, that the establishment of burial and burning grounds is one of the primary functions of the Municipality. It is submitted that the steps taken by the Municipality for setting up the crematorium are completely in accordance with the law and after obtaining necessary permission from the Pollution Control Board. Reference is made in this regard to Ext.R3(1), which is the consent to establish issued by the Kerala State Pollution Control Board.

5. The Kerala State Pollution Control Board has filed a report dated 06-02-2023, where in paragraph No.6 it is stated as follows: W.P.(C) No.30728/2021 -:7:- “6. The proposed locations of the crematorium is very much satisfying the distance criteria of the Board. It is submitted that such type of crematoriums normally have adequate pollution control to alleviate the air pollution from the crematorium operations. If the crematorium comes up with an adequate proposal for air pollution control and to dispose waste water, as the distance criteria are satisfied, Board will consider the application for grant of Consent to establish for the crematorium. The petition’s grievances regarding pollution, if any, will be adequately addressed by implementing the pollution control measures and adequate conditions for the satisfactory operations”.

6. The 1st respondent (the District Collector, Palakkad) has filed a counter affidavit stating that the Municipality is trying to convert a traditional cemetery which was working from 1967 into a modern gas crematorium and nothing was found adverse with respect to the health and environment aspects in connection with the cemetery. It is submitted that the Sub Collector, Ottappalam had submitted a detailed field enquiry report on 23-06-2021 and the objectors were also called for a W.P.(C) No.30728/2021 -:8:- hearing on 08-07-2021. It is submitted that though the residents of Ward No.10 had taken a contention that the plot in question was never used as a cemetery, the Revenue Divisional Officer, Ottappalam reported that 29 bodies were found buried in the area between 08-06-2000 and 20-06-2012. It is submitted that the enquires have revealed that the Municipality (earlier Panchayat) had obtained the land in question on the basis of a gift deed executed by late Janaki Amma. It is also pointed out that the site satisfies the requirements of the Kerala Panchayat Raj (Burial and Burning Grounds)Rules, 1998. It is submitted that the decision as to whether any license has to be sanctioned will be decided only after obtaining necessary reports from the District Medical Officer, Pollution Control Board, District Police Chief and Revenue officials.

7. Having heard the learned counsel for the petitioners, learned Government Pleader for the 1st respondent, learned counsel for the 3rd respondent- Municipality and the learned counsel for the Kerala State Pollution Control Board, I am of the view that this writ W.P.(C) No.30728/2021 -:9:- petition can be disposed of directing the 1st respondent to take a decision regarding the establishment of a modern gas crematorium by the 3rd respondent- Municipality at the site in question, also taking note of Ext.R3(1) consent to establish issued by the Kerala State Pollution Control Board. The right to a decent burial/cremation is a part of the Right to Life guaranteed under Article 21 of the Constitution of India.

8. Therefore the 1st respondent (the District Collector) shall take a decision in the matter without undue delay and after affording an opportunity of hearing to the petitioners and the Municipality and all other statutory authorities, who may be required to be consulted in the matter within a period of two months from the date of receipt of a certified copy of this judgment. Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE W.P.(C) No.30728/2021 -:10:- APPENDIX OF WP(C) 30728/2021 PETITIONERS’ EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 3.4.2013 PASSED BY THIS HON'BLE COURT IN WPC NO.9228/2013. THE TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 22.10.2011 UNDER RIGHT TO INFORMATION ACT TO THE PATTAMBI PANCHAYATH INFORMATION OFFICER BY SEBIR V.A. THE TRUE PHOTOSTAT COPY OF THE REPLY DATED 29.11.2021 ISSUED BY THE SECRETARY OF PATTAMBI GRAMA PANCHAYATH UNDER THE RIGHT TO INFORMATION ACT. THE TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 23.9.2020 IN WPC NO.9228/2013. THE TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT TO SOME OF THE PETITIONERS ON 30.6.2021. THE TRUE PHOTOSTAT COPY OF THE NOTICE DATED 5.7.2021 ISSUED BY THE IST RESPONDENT TO THE PETITIONERS. THE TRUE OFFICE COPY OF THE NOTES OF CONTENTION/ARGUMENTS OF THE PETITIONERS BEFORE THE IST RESPONDENT DATED 8.7.2021. THE TRUE PHOTOSTAT COPY OF THE REPORT OF THE 2ND RESPONDENT RECEIVED UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE IST RESPONDENT DATED 23.10.2021. Exhibit P9 THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 14.7.2021 PASSED BY THE IST RESPONDENT. RESPONDENT ANNEXURES Annexure R4(a) True copy of the Letter No. PCB/PLKD/TG- 388/2022 dated 28-2-2022 given by the Pollution Control Board to the Secretary, Pattambi Municipality. W.P.(C) No.30728/2021 -:11:- Annexure R4(b) True copy of the Letter No. 111-6568/18 dated 10-5-2022 sent by the Pattambi Municipality to the Pollution Control Board. Annexure R4(c) True copy of the Letter No. PCB/PLKD/TG- 388/2022 dated 25-7-2022 given by the Pollution Control Board to the Secretary, Pattambi Municipality. Annexure R4(d) True copy of the Letter No. PCB/PLKD/TG- 388/2022 dated 4-2-2023 sent by the Pollution Control Board to the Secretary, Pattambi Municipality. Exhibit R3(1) TRUE COPY OF LETTER ALONG WITH CONSENT TO OPERATION KSPCB/PL/ICE/10029358/2023 OF POLLUTION CONTROL BOARD SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DISTRICT COLLECTOR DATED 20/9/2023