A.R. Lakshmanan, J.

1. Heard the counsel for the appellant.

2. The appellant is the first petitioner in the Original Petition, which was filed to grant the following reliefs:

i) to declare that the continuance of the proceedings in O.S. 486/ 99 before the first respondent as illegal and unsustainable in law.

ii) to issue a writ of certiorari and quash all the orders made in the O.S. 486/99 if any.

iii) to issue a writ of prohibition prohibiting further proceedings in O.S. 486/99 in the files of the 1st respondent.

iv) to issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

v) to grant the costs to the petitioners".

According to the appellant, the suit as framed is not maintainable under law. However, the learned Munsiff directed the issuance of a Commissioner, who was asked to enquire and report whether there was any area allotted to each family in the parish cemetry and to report whether there is any area available to remove the dead body and to estimate the expenses which will be incurred for the same. In the above circumstances, the appellant and others filed O.P.30630/ 1999 for the reliefs asked for a