Point of Law: Under the Kerala Panchayat Raj Act, 1994 or under the Kerala Panchayat Raj (Burial and Burning Grounds) Rules,1998, there is no prohibition from constructing a private cemetery or a tomb, but the requirement is that a person constructing private cemetery or tomb shall secure adequate permit/licence from the respective statutory authority.

JUDGMENT :

SHAJI P. CHALY, J.

1. Petitioner in the writ petition is a resident within the limits of Muriyad Grama Panchayat, Thrissur District the 2nd respondent. Petitioner seeks to quash Exhibit P5 notice issued by the Secretary of the Grama Panchayat, directing the petitioner to seek regularisation of the tombs constructed in the property of the petitioner for burying dead bodies without securing permission from the District Collector in contemplation of Rule 6 of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998. Petitioner was also directed to file suitable application for regularisation of the construction, failing which petitioner was directed to remove the constriction and report the matter before the Panchayat.

2. The submission made by the petitioner is that he is a retired person from the defence and he has purchased 27 cents of property in Survey No. 172/1 of Muriyad Village, as per document No. 1008 of 2004 of Kallettumkara Sub-Registrar's Office, to construct a prayer home. It is further stated that he has constructed a residential building in the said property and he is residing there; that he has a last wish that he and his family members want to be buried in the said property and for the said purpose he constructed three tanks, which can be used as tombs later. However, the Panchayat has issued Exhibit P5 notice without understanding the real implications in respect of the construction carried out by the petitioner. It is also pointed out that provisions of the Paddy Land and Wetland Act, 2008 or the provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998 are not applicable in the case, as the petitioner is using the property for his individual purpose and no public interest is involved in the matter.

3. That apart, it is submitted that the Panchayat has no right to impose restrictions on the petitioner for cremation of his own body in his property, where he is residing. Other contentions are also raised, basically stating that Exhibit P5 notice issued by the Panchayat is violative of the principles of natural justice and therefore, arbitrary and illegal, liable to be interfered with by this court under Article 226 of the Constitution of India.

4. The 2nd respondent has filed a counter affidavit basically contending that no sanction from the Panchayat has been obtained by the petitioner for making such a construction, which is clearly violative of the provisions of Kerala Panchayat Raj Act, 1994 and the Kerala Panchayat Building Rules, 2011. It is also submitted that complaints are raised that the three tanks were constructed in the paddy field violating the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008.

5. That apart, it is submitted that the local residents have submitted a complaint to the District Collector and the District Collector in turn has sought for a report from the panchayat as per Exhibit R2(b) communication dated 17.7.2018 in regard to the illegal construction carried out by the petitioner.

6. It is further stated that the matter has been discussed by the Panchayat Committee on 9.7.2018 and as per resolution No. 35 of the Panchayat Committee, it is decided that show cause notice is to be served on the petitioner regarding the unauthorised construction, and also filed a report before the District Collector, Agricultural Officer, Village Office etc. evident from Exhibit R2(c) dated 7.7.2018. On the basis of R2(c), the Secretary of the Panchayat has issued a notice dated 13.7.2018 to the petitioner and to which, the petitioner has submitted Exhibit R2(d) reply dated 17.7.2018. Therefore, according to the Panchayat, it is clear from the reply of the petitioner that he has constructed three cemeteries with cement masonry wall and concrete, but he claims that he is entitled to make such construction and therefore, requested to drop further action.

7. The sum and substance of the contention of the Panchayat is that petitioner has violated the prov