1 Ext. P9 order passed by the Government is under challenge. As per Ext. P9, permission for opening a concrete vault type cemetery was denied to the petitioners. The main objection that is dealt with in the Government order is that the house of the fifth respondent is located within nine metres of the cemetery. It is stated in the impugned order that the fifth respondent and others had been taxing up the cause of restoration of their land. It is also mentioned in Ext. P9 that the proposed cemetery is located at a higher level and it may contaminate the water in the wells of the residents in the neighbourhood who are living in a lower level.

2 Heard the learned counsel appearing for the petitioner, the Panchayat and also the learned Government pleader. It is fairly clear that the Government has not properly appreciated the issue with reference to the crucial and relevant factors. R.5 of the Kerala Panchayat (Burial and Burning Ground) R.1967 reads as follows:
"5. No new burial or burning ground to be located within 50 metres of a dwelling place. No new burial or burning ground which is not in existence at the commencement of these rules shall be located within a