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 to as 'the Rules'), in the Malayala Manorama daily dated 7.4.1999, calling for objection, if any, against the granting of licence for opening the concrete burial vault in the proposed land. Objections were received against the granting of licence. The Revenue Divisional Officer was directed to conduct an enquiry. After enquiry, the Revenue Divisional Officer submitted his report dated 13.2.2001. Thereafter, the Additional District Magistrate, Alappuzha conducted hearing after issuing notice to the persons concerned and Ext.P1 order dated 16.3.2001 was passed granting sanction under sub-r. (8)(a) of R.6 of the Rules to construct the concrete vault. The following conditions were also imposed in Ext.P1 order and it was held that the licence will be issued only after the fulfillment of the conditions. The conditions are the following:

1. The vault should he constructed under the supervisions of a qualified engineer.

2. Each Cell should be constructed with 3" x 7" x 3" dimensions.

3. The bottom of every vault should be constructed with side walls on all sides at a height of 3 feet with concrete slab covering.

4. The entrance should have gate with lock."

4. Challenging Ext.P1 order, one Sreedharan filed an appeal before the Government under R.6(10) of the Rules. The appeal was dated 3rd April, 2002. The Government disposed of the appeal as per Ext.P4 order dated 13th November, 2002, confirming Ext.P1 order and upholding the granting of licence to construct the vault.

5. The learned single Judge allowed the Original Petition on the ground that Ext.P1 order was passed in violation of R.6(9) of the Rules. R.6(9) reads thus:

The District Collector shall pass an order under sub-r.(8) within six months from the date of receipt of the application and shall inform the same to the concerned Panchayat."

The learned single Judge relied on the decision of the Full Bench in Surendran v. District Collector (1999 (3) KLT 22 (F.B.)), wherein it was held that R.6(9) is mandatory and that if the application is not finally disposed of within the time limit prescribed therein, the District Collector becomes functus officio.

6. In the decision in 1999 (3) KLT 22 (F.B.) (supra), the Full Bench was considering R.6(8) of the Panchayat (Burial and Burning Grounds) Rules, 1967 (Kerala). Sub-r.(8) of R.6 of the 1967 Rules reads as follows:

"(8) The Collector shall in every case pass an order under sub.r.(7) within a period of six months from the date of submission of the application to the Panchayat and if no such order is passed by the Collector within the said period, the licence applied for shall be deemed to have been granted and the applicant may proceed to use the site for the purpose of disposal of the dead but not so as to contravene any of the provisions of these rules or the byelaws