JUDGMENT

Dated this the 31st day of August, 2022 The petitioner, who is a resident of the 4th respondent-Grama Panchayat, is aggrieved by the resolution of the Panchayat resolving to construct a Gas Crematorium in the land owned by the Panchayat. According to the petitioner, the Panchayat originally owned 1 Acre of land. Certain areas of land were granted to landless persons. A Vetenary Hospital is also functioning in the 1 Acre plot. Now, the grievance of the petitioner is that the Panchayat is taking steps to start a Gas Crematorium in the land.

2. The petitioner would submit that there are residential houses within 25 Metres of radius and there is a water tank hardly 22 Metres far from the proposed Gas Crematorium. If the Gas Crematorium starts functioning, it will pollute the drinking water source and will be harmful to the local residents.

3. Counsel for the petitioner urged that the proposed Gas Crematorium is going to be constructed in gross violation of Rule 5 of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules , 1998. The Rules prohibit establishment of Electric or Gas Crematorium within 25 Metres of residential houses. The action of the 4th respondent-Panchayat i