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 locality objected the conversion of the said land into a burial ground, they approached the concerned authorities and the District Medical Officer, Manjeri initiated action on the basis of the complaints received from the residents of the above locality. On 29.12.1972, the Health Inspector issued a notice under Ss.36 and 44 of the Public Health Act, 1939 to the Secretary of the Hindu Burial Ground Protection Committee, Chungathara, directing them not to use the above said land as a burial ground on the ground of health hazards to the residents of the locality. A true copy of the said notice has been produced and marked as Ext. P1. Subsequently on 15.1.1973, the District Medical Officer has informed the residents of the locality under Ext. P2 that all necessary actions had been taken to prevent the use of the above said land as a burial ground. Subsequently in 1992 again there was a move on the part of someone to create law and order problem in the locality racking up the issue of burial ground. Some members of the above said Smasana Committee filed a petition before the Revenue Divisional Officer, Perinthalmanna in M.C. 44/1992 against the 4th respondent- Thomas Philip -and several others and the same was also not properly prosecuted by the 4th respondent at the instance of the above said people. Around 157 residents of the locality signed a mass memorandum and made a representation before the Grama Panchayat highlighting the health hazards as well as the sentiments of the residents of the locality. The representation submitted by the residents of the locality has been produced and marked as Ext. P3.

4. According to the petitioners, the Panchayat by flouting all the statutory and mandatory provisions in the Kerala Panchayat (Burial and Burning Grounds) Rules, 1967, granted permission to bury a dead body as per the order of the Panchayat dated 25.10 1999. Again it was repeated by the Panchayat on 8.11.1999. It is submitted that the above disputed site is neither registered as a public burial ground nor having a licence issued by the authorities to bury dead bodies. Exts. P1 and P2 orders of the District Medical Officer, Manjeri is still in force. Therefore, it is submitted that the Panchayat authorities without adverting to any of the statutory provisions, violated the fundamental rights guaranteed to the petitioners as well as the residents of the locality and that the above act of the Panchayat is highly arbitrary, illegal and is opposed to public policy and public health. The petitioners have also approached the District Medical Officer, Manjeri for taking necessary action and submitted a petition under Ext. P4. They also submitted a petition before the Deputy Superintendent of Police, Perinthalmanna under Ext. P5. The petitioners have also approached t