Petitioner has approached this Court seeking for a direction to the District Collector to consider Ext. P2 application in terms of Section 4(2) of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998. 2. According to the petitioner, it is a Christian church and a congregation with nearly 400 members consisting of 110 families. They referred to a burial ground at Valakom Grama Panchayath which was in existence sincd 1931 and deemed to have been registered under the said Rules.
3. Rule 4(2) of the Rules reads as under:
“4. Certain cemeteries to be deemed registered and to undertake and register or close ownerless cemeteries:- (1) The cemeteries existing at the commencement of these rules and registered or deemed to have been registered under the Kerala Panchayath (Burial and Burning Grounds) Rules, 1967 shall be deemed to have been registered under these rules.
(2) 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 Panchayath (Burial and Burning Grounds) Rules, 1967, the same shall be subject to the decision of the concerned District Collector and the decision thereon shall be final.
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3. Apparently, there is some dispute regarding the existence of the burial ground, which has to be decided by the District Collector in accordance with the aforesaid statutory provisions.
4. Having regard to the request made by the learned counsel for the petitioner and since the only relief sought for is to consider Ext. P2 and pass appropriate orders, there will be a direction to the 2nd respondent to consider Ext. P2 and pass appropriate orders exercising the above powers, within three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Tds/ Sd/-
A.M. Shaffique, Judge.