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2007 Supreme(Ker) 510

H.L.DATTU, K.T.SANKARAN
Inter Denominational Christian Fellowship – Appellant
Versus
Narayanan – Respondent


Judgment :-

K.T. Sankaran, J.

The appellant is the filth respondent in O.P.No.37280 of 2002, tiled by respondents 1 and 2 herein, challenging Ext.P1 order dated 16.3.2001 passed by the Additional District Magistrate, Alappuzha and Ext.P4 order dated 13.11.2002 passed by the Government.

2. Inter Denominational Christian Fellowship, the appellant herein, submitted an application dated 16.9.1998 for granting a licence to open and maintain a concrete burial vault in 131.8 sq. metres of land comprised in Sy.No.325/42 of Mannar Village in Chengannur Taluk. The Mannar Grama Panchayat in its resolution dated 23. 10.1998 recommended the application. The District Medical Officer in his report dated 26.12.1998, stated that there are no dwelling houses within a distance of 25 metres of the site where the vault was proposed to be constructed. It was also reported that there is no water supply within a radius of 100 metres of the site. The District Medical Officer recommended to issue No Objection Certificate for the construction of the concrete vault.

3. The District Collector published notice under S.6(7) of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998 (hereinafter referred t
























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