The petitioners are residents of the 11th ward of Keezhmadu Grama Panchayat at Mullamkuzhi in Aluva Taluk. They are aggrieved by the proposal to establish a gas crematorium by the 4th respondent Grama Panchayat in an extent of land that is very close to their residences. As per Ext.P4 order, the 1st respondent has granted permission to establish a gas fired crematorium. It is pointed out by the learned counsel for the petitioners Sri.Babu Cherukara that by Ext.P5, the 1st respondent had rejected an earlier application submitted by the 4th respondent Grama Panchayat.
2. The petitioners have challenged Ext.P4 before the 6th respondent in Ext.P6 appeal. Ext.P6 appeal is accompanied by Ext.P7 petition for the issue of an interim order of stay of any further construction in the property of the 4th respondent. The petitioners complain that no orders have been passed on Exts.P6 and P7, till date. They apprehend that, the 4th respondent Panchayat would commence construction of the proposed crematorium, even before the appeal Ext.P6 is finally disposed of. Therefore, they seek the issue of appropriate directions for the disposal of their appeal, without delay.
W.P.(C) No.25586 of 2014 2
3. The learned Government Pleader appears for respondents 1, 2 and 6. Adv.Sri.M.Ajay appears for the 3rd respondent. In view of the limited relief that I propose to grant, I do not consider it necessary to issue notice to the other respondents in this cas.
4. Since Exts.P6 and P7 are pending consideration of the 6th respondent, it is sufficient that this writ petition is disposed of directing the said respondent to consider and pass final orders on the appeal and stay petition, expeditiously.
5. This writ petition is, therefore, disposed of directing the 6th respondent to consider Ext.P6 appeal in accordance with law, after affording an opportunity of being heard to the petitioners, the 4th respondent as well as other interested persons including the 3rd respondent and to pass appropriate orders thereon, finally disposing of the same, as expeditiously as possible and at any rate within a period of two months of the date of receipt of a copy of this judgment.
There shall be a further direction to the 6th respondent to consider Ext.P7 application for stay and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two weeks of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV