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2026 Supreme(Online)(Ker) 5818

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
CHELLAMMA P.T., BABU P.T., SIBI – Appellant
Versus
APPELATE AUTHORITY UNDER RULE 10 OF KERALA PANCHAYATH RAJ(BURIAL AND BURNING GROUNDS) RULES 1998 – Respondent


Advocates:
For the Appellants/Petitioners: M.R.ARUNKUMAR, P.SHAMMI NAVAS
For the Respondents: T.NAVEEN, P.N.SANTHOSH, MANSOOR.B.H., GP, RIYAL DEVASSY

Table of Content
1. contention regarding cemetery establishment risks and land usage violations. (Para 2 , 3)
2. opening arguments from respondents regarding consent obtained for cemetery. (Para 4 , 5)
3. court's order highlights necessity for report on land usage and compliance. (Para 6 , 7)
4. conclusion mandates appellate authority to reevaluate issued permissions. (Para 8)

JUDGMENT

2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioners herein are local residents near to the property having an extent of one acre comprised in resurvey Nos.117/3 and 117/3/3 of Malayattor Village, which is in exclusive possession of the 7th respondent. The 7th respondent filed an application seeking permission for the construction of a burial ground before the 3rd respondent. Later, as per the direction issued by this Court based on the objection raised by the petitioners Ext.P3 decision was taken by the 2nd respondent District Collector refusing sanction to construct the proposed burial ground. After Ext.P3 decision, 7th respondent again approached the 3rd respondent for the sanction of construction of a concrete vault cemetery. Thereupon, petitioners again approached

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