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2022 Supreme(Ker) 129

SHAJI P.CHALY
Mathew S/o Pailo – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.L. Bitto.
For the Respondents: K.K. Preetha, P.R. Reena.

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 bur

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