These writ petitions are filed by the same person.

2. Petitioner's husband died on 27-3-1996. It is her case that his mortal remains were buried in the burial ground of the Thrikkakkara Grama Panchayat.

3. Petitioner filed O.P.No.5311/97 seeking a direction to keep the burial ground open between 8 a.m. and 1 p.m. on 26-3-1997 for offering prayers. It was then submitted before this Court that the Panchayat had given one hour time. Accordingly, that writ petition was disposed of on 24-3-1997 directing that the petitioner may be allowed to conduct religious prayers for one hour from 11 a.m. to 12 noon.

4. Thereafter, she filed O.P.No.18635/97 for a direction to keep the crematorium open on 2-11-1997 for the petitioner and family to observe 'All Souls Day'. In the light of the judgment in O.P.No.5311/97, this Court permitted the petitioner to have religious ceremonies for one hour, from 11 a.m. to 12 noon on 2-11-1997.

5. The petitioner then filed W.P.(C) 9904/04 seeking the same relief of offering prayers on 26-3-2004 stating that it was the death anniversary of her late husband. Relying on the earlier judgments, a direction was issued by this Court by judgment dated 23-3-2004 granting her such relief during every year rather than move this Court for such relief.

6. O.P.No.11142/00, which was pending in the meanwhile, is filed seeking to call for the records leading to "the order by which the 20 cents of Latin Catholic Church cemetery at the eastern end of Keeleri Mala in Kakkanad Village in Sy.No.341/1 (Athani Public Cemetery) is being kept under lock and key of respondents 1 and 2 and thereby preventing it being used for disposal of dead bodies of the sect to which the petitioner belongs and quash the same and order opening and licensing of the same for future burials". Petitioner also seeks order commanding the respondents "to keep open 1.8 cents burning and burial ground for public use and the public cemetery at Keeleri Mala in Kakkanad Village in Sy.No.341/1 (Athani Public Cemetery) of 20 cents on the eastern side as the public cemetery of St. Antony's Church, Athani, Kusumagiri without any let or hindrance in future after settling the trespassers who had occupied the road to the burning and burial place". The documents relied on in that writ petition are the judgments of this Court in O.P.No.5311/97 and O.P.No.18635/97.

7. W.P.(C) No. 12433/04 is filed seeking a direction to the respondent to grant the 20 cents allotted and allowed to dispose of dead bodies in the portion where the 3 dead bodies have been disposed of in the area allotted to the Latin Catholic Parish of the St. Antony's Church, Athani in Sy. No.341/1 in Keeleri Mala in Kakkanad Village on the eastern side forthwith". Directions commanding the respondent to remove the mud and soil dumped and piled up to the height of 20 feet in and around the 3 tombs existing and reported by the Advocate Commissioner in his report to the Court in Ext.P-2 and to restore the burial ground to its original form and not to defile the sculpture and possible destruction or defiling of it due to the sudden onslaught of monsoon are also sought for.

8. Having regard to the matters arising for decision, these two writ petitions are consolidated for consideration and hearing and being disposed of by this common judgment. In O.P.No.11142/00, a Commissioner was appointed. The report filed by him is also placed as Ext. P-2 along with W.P.(C) No. 12433/04.

9. The counter-affidavits on record are filed by the District Collector as also on behalf of the Panchayat.

10. The counter-affidavit of the Panchayat would show that by Government Order dated 1-11-1983, an item of land was transferred to the Thrikkakkara Grama Panchayat for preparing a public burial ground. The said parcel having an extent of 1.07 acres was secured by the Panchayat constructing a compound wall. The District Medical Officer inspected the place and reported that sanction for functioning the public burial ground could be