The petitioners approached this Court alleging that respondents 12 to 31, without obtaining any permit or licence, using the land adjacent to the petitioners' property in Anghadi Panchayayth as burial ground. The petitioners submitted that this is in violation of the Kerala Panchayat Raj(Burial and Burning Grounds) Rules 1998. It is further submitted that illegal burial of dead bodies causes pollution and contamination of water, etc. in the locality. It is also submitted that taking dead bodies by procession makes the life of the local residents miserable. On the other hand, the learned counsel appearing for the party respondents submitted that burial ground does not require any permission under Rule 4 of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules. Burial ground is having deemed registration in terms of Rule 4 of the Kerala Panchayat Raj(Burial & Burning Grounds) Rules. Rule 4 (2) stipulates that if any dispute arises as to whether a cemetery is in existence at the commencement of these Rules and deemed to have been registered under the Kerala Panchayat (Burial and Building Grounds) Rules, 1967, the same shall be subject to the decision of the District Collector concerned and the decision thereon shall be final. Therefore, the question is whether the burial ground is having deemed registration or not. This is a disputed question on fact. According to the petitioners, party respondents are using this burial ground only after the promulgation of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules 1998 and they are not entitled for deemed registration. On the other hand, the party respondents contended that they are entitled for deemed registration as this was in existence at the time of commencement of the Rules. I am of the view that the District Collector shall take a decision in the matter after hearing the petitioner, party respondents and the Panchayat.
2. Therefore, there shall be a direction to the 2nd respondent- District Collector to take a decision in the matter, in terms of Rule 4 (2), after affording an opportunity of hearing to the petitioners, Panchayat and all other affected persons within a period of six weeks from the date of receipt of a copy of this judgment.
3. The petitioners shall produce a copy of the writ petition along with a copy of the judgment for compliance before the 2nd respondent-District Collector. If the District Collector finds that the party respondents are not entitled for deemed registration, necessary action shall be taken in accordance with law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.