A.R.LAKSHMANAN, D.SREEDEVI
Mailadumpotty Janakiya Samrakshana Samithi – Appellant
Versus
Chungathara Grama Panchayat – Respondent
Dr. AR. Lakshmanan, J.
Heard Mr. Mathai M. Paikaday, Senior Advocate for petitioner, Mr. K.M. Sathyanatha Menon for first respondent, Mr. Alexander Thomas, Government Pleader for respondents 2 and 3, Mr. Anil George for 4th respondent and A.P. Chandrasekharan for 5th respondent.
2. The petitioner, a registered Association of the inhabitants of Chungathara Grama Panchayat, challenges the conduct of the Panchayat to convert an area of 1.25 acres of land in Survey No. 748/5A within the Panchayat into a burial ground in violation of the rules applicable to burial grounds and in contravention of the statutory directions issued in this behalf by the Health Inspector and the District Medical Officer that the land should not be used as burial ground. The mass petition preferred by the local residents objecting to the burial of two dead bodies in the property was ignored and on both occasions the Panchayat issued a so called permission to bury them in the property. According to the petitioners, the establishment of burial ground in the property will cause serious health hazards to the residents nearby.
3. According to the petitioners, in the year 1972 when the residents of the loca
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