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2003 Supreme(Ker) 120

R.RAJENDRA BABU
Anil Kumar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner, a resident of Ward No. 18 of Muvattapuzha Municipality, filed this O.P. for directing respondents 2, 3 and 4 to take immediate steps to prevent respondent 6 and 7 from proceeding with the construction work of the cemetery in the six cents of property in Marady village for the Brethren Assembly without obtaining the licence or sanction from the concerned authorities.

2. Heard the learned counsel for the petitioner respondents 6 to 8 and the learned Government Pleader.

3. The Brethren Assembly purchased 6 cents of property by Ext.R6(c) document dated 11.3.1986 for the purpose of using it as a graveyard, from the C.S.I. East Kerala Maha Edavaka. The 6 cents of property covered by Ext.R6(c) was part of 1 acre 33 cents of land held by the C.S.I. Edavaka. The document would reveal that the property was being used as a graveyard for the last several years. When respondents 6 to 7 started construction of a graveyard consisting of concrete slabs and cells, the present petitioners filed this O.P. for directing the Municipality to take appropriate steps to prevent the construction of the graveyard without obtaining a licence.

4. The main contention put forward by r









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