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1988 Supreme(Ker) 235

BALAKRISHNA MENON, BHASKARAN NAMBIAR
NARAYANAN THAMPI – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Judgment :-

1. The petitioner, a member of the Kasankodath Mana said to be the owner of the Kaimanum Vishnu Temple in Kalloor Vadakkummuri village, Mukundapuram Taluk, challenges the validity of R.5 and 6 (8) of the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967 (hereinafter referred to as the rules) as unreasonable and opposed to Art.14 of the Constitution.

2. The 3rd respondent Rev. Fr. Paul Valikodan, the chaplain of the Rosaria Matha Church, Kalloor Vadakkummuri, on 23-3-1981 applied to the 2nd respondent, the Executive Officer of the Panchayat, for a licence to open a cell model cemetery (concrete vault) in 35 cents of land in Sy. No. 1935 of Kalloor Vadakkummuri village. The Panchayat by Ext. RI resolution dated 28-3-1981 resolved to forward the application together with the sketch and plan to the District Medical Officer (hereinafter referred to as the D.M.O.), Trichur and to grant the licence subject to the approval of the Public Health Department. Accordingly the application together with the sketch and the plan and a copy of the resolution were forwarded to the D.M.O., Trichur on 9-4-1981. The D.M.O. after a local inspection of the site forwarded the applicatio






































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