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2026 Supreme(Online)(Ker) 9616

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
ARIKADY ODDINABAGILU HINDHU PARISHISTA JATHI MATHU VARGA RUDRABHUMI SAMRAKSHANA SAMITHI ARIKADY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI, SRI.SHAHID AZEEZ, SHRI.RENJISH S. MENON
For the Respondents: SRI.PUSHPARAJAN KODOTH, SHRI.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON, SRI.VIMAL VIJAY, SRI.R.ANAS MUHAMMED SHAMNAD, SRI.T.U.SUJITH KUMAR, SHRI.SALEEK.C.A., SHRI.HAMDAN MANSOOR K.

JUDGMENT

The petitioner has approached this Court challenging Ext.P8 order passed by the 3rd respondent District Collector and Ext.P9 order issued by the 9th respondent Grama Panchayat.

2. It is averred that the petitioner is a Society registered under the provisions of the Societies Registration Act , working for the benefits of the Scheduled Caste and Scheduled Tribes community. The members of the above stated Society used to bury the dead bodies of their family members in a property having an extent of 5 acres of land in Sy. No. 133 of Arikady Village. The petitioner submits that the said property has been used for burying dead bodies since time immemorial and, therefore, the same is covered by Rule 4 of the Kerala Panchayat (Burial and Burning Grounds) Rules, 1998 (hereinafter referred to as “the Rules, 1998”). For maintaining the said land as a burial ground, the petitioner approached the Kerala State Commission for Scheduled Caste and Scheduled Tribes, who after obtaining a report from the Grama Panchayat as well as the Tahsildar, passed Ext.P3 order directing the authorities to take steps to maintain the said property as a burial ground, after including the same in the asset

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