Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY, THE30H DAY OF SEPTEMBER20138TH ASWINA, 1935 Con.Case(C).No. 781 of 2013 (S) ----------------------------- AGAINST THE ORDER
IN WP(C) 23410/2012 of HIGH COURT OF KERALA DATED0406-2013 ----- PETITIONER/PETITIONER : --------------------- VINAYAN P.,S/O. NARAYANAN NAIR, AGED34YEARS, PONNARATTA HOUSE, CHUNDA P.O, CHERUPUZHA. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENTS/RESPONDENT : ---------------------- P.P.THANKAPPAN, AGED ABOUT64YEARS, PULIYURUMBIL HOUSE, VAYAKKARA, CHERUPUZHA P.O., PRESIDENT CHERUPUZHA SREE AYYAPPA KSHETHRAM COMMITTEE CHERUPUZHA, CHERUPUZHA P.O., TALIPARAMBA TALUK KANNUR DISTRICT - 670 141. R1 BY ADV. SRI.M.SASINDRAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON3009-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP Con.Case(C).No. 781 of 2013 (S) APPENDIX PETITIONER'S ANNEXURE : ANNEXURE1 COPY OF THE ORDER
DT46.2013 IN WPC NO.23410/2012 OF THIS HON'BLE COURT. ANNEXURE2 COPY OF THE PETITION TO THE SUPERINTENDENT OF POLICE DT126/2013. RESPONDENT'S ANNEXURES : ANNEXURE R1: COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DT1006-2013. ANNEXURE R2: COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERISSION TO CREMATE THE BODY IN THE GROUND ON202/2012. ANNEXURE R2(a): COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERMISSION TO CREMATE THE BODY IN THE GROUND ON276/2012. ANNEXURE R2(b): COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERMISSION TO CREMATE THE BODY IN THE GROUND ON207/2012. ANNEXURE R2(c): COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERMISSION TO CREMATE THE BODY IN THE GROUND ON178/2012. ANNEXURE R2(d): COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERMISSION TO CREMATE THE BODY IN THE GROUND ON69/2012. ANNEXURE R2(e): COPY OF THE APPLICATION SUBMITTED BY THE RELATIVES OF THE DECEASED SEEKING PERMISSION TO CREMATE THE BODY IN THE GROUND ON249/2012. ANNEXURE R3: COPY OF THE LETTER DT116/2013 ISSUED BY THE SECRETARY OF THE TEMPLE COMMITTEE TO THE RELATIVE OF THE DECESED. ANNEXURE R4: COPY OF THE RELEVANT EXTRACT OF THE DAY BOOK SHOWING THE EXPENSES INCURRED FOR SENDING ANNEXURE R3 LETTER. Con.Case(C).No. 781 of 2013 (S) ANNEXURE R5: A PHOTOGRAPH SHOWING THE INSTALLATION OF THE OF THE BOARD PROHIBITING CREMATION. ANNEXURE R6: COPY OF THE REPLY DT256/2013 SUBMITTED BY LATHA VIJAYAKUMAR WHO IS THE DAUGHTER-IN-LAW OF THE DECEASED. ANNEXURE R7: COPY OF THE LETTER SUBITTED BY THIS DEPONENT BEFORE THE SUB INSPECTOR OF POLICE PRAYING FOR TAKING ACTION AGAINST THE RELATIVE OF THE DECEASED FOR THE CREMATION DONE ILLEGALLY //TRUE COPY// P.A. TO JUDGE BP K.SURENDRA MOHAN, J.
--------------------------------------------- Contempt of Court (C) No.781 of 2013-S ---------------------------------------------- Dated this the 30th day of September, 2013
JUDGMENT
The complaint of the petitioner is regarding cremation of a dead body in a cemetery in violation of the direction of this Court. An affidavit has been filed by the respondent producing documents, detailing the circumstances under which the cremation was conducted. The cremation was conducted under the directions of the Police Authorities, in a peculiar situation that was created at that time. Annexure A7 shows that the respondent has also submitted a complaint to the Police Authorities regarding the conduct of the relatives of the deceased, who had earlier informed that they would conduct the cremation in their own private property. Since the circumstances have been satisfactorily explained, I do not consider it necessary to pursue any further action in the matter. The same is accordingly closed. Sd/- K.SURENDRA MOHAN, JUDGE kkj