The ruling reaffirmed that compliance with local laws and health regulations is crucial for the establishment of burial grounds, overriding entitlement claims without substantial evidence.

JUDGMENT

This writ petition is filed by the petitioner seeking to quash Ext.P17 order passed by the State Government dated 19.06.2014, whereby Ext.P13 order passed by the District Collector, Ernakulam i.e. the 2nd respondent, was affirmed, passed under the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998 [for short, 'the Rules, 1998']. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioner is a believer of Pentecostal Sabha, a Christian denomination, and is a resident of Keezhillam in Mazhuvannoor Grama Panchayat, Ernakulam District. In the year 1998, petitioner along with one George Jacob purchased an extent of 3 Acres and 95 sq. mts. of land from one John by Registered Sale Deed No.3703/98 dated 08.09.1998 of Puthenkurishu Sub Registry. According to the petitioner, George Jacob is also a believer of the Sabha. The case of the petitioner is that, the said property was purchased for using it as a burial ground, and the property purchased by the petitioner is a portion of a larger extent of land owned by the Church of God (Full Gospel) in India, and in possession of Indian Poorna Suvishesha Divya Sabha (Pentecostal Church), Mannoor local. One Mr. John was handling this property for Sabha as Power of Attorney Holder, and for the last sixty years, the entire land was used as a burial ground. Petitioner purchased the land for using it as a burial ground exclusively for the sect she belongs.

3. According to the petitioner, Ext.P1 copy of Death Register maintained by the Pentecostal Church, Mannoor, and the sale deed of a neighbouring property viz., Ext.P2 will prove that the property is used as a burial ground. It is also stated that, the entire area is being used as a burial ground. However, on 24.05.1999, the local residents made protest and they have submitted Ext.P3 mass petition before the Pentecostal Sabha. According to the petitioner, in Ext.P3, the demand made is that, thereafter dead bodies can be buried only after making the land at road level. Therefore, it is evident that the property was being used as a burial ground. The Sabha has also filed O.S.No.358 of 2000 against some of the local residents, seeking injunction from trespassing and committing waste. In the said suit, a Commission was taken and the Commissioner has submitted Ext.P4 report, in which it is stated that, there is evidence to show that the property is used for burying dead bodies from olden days. Therefore, according to the petitioner, there is clinching evidence to show that the property was used as a burial ground.

4. Ext.P5 is the sale deed relating to the property purchased by the petitioner along with Mr. George Jacob. In the year 2004, George Jacob submitted an application for sanction to construct a concrete cellar in the burial ground, evident from Ext.P6. The survey number noted in the application is 252/20 admeasuring 10 cents. It is further submitted that the concrete cellar is more hygienic and suitable than burying in open places. But the petitioner realized from the Panchayat that the District Medical Officer has submitted a report stating that there are two houses within 25 metres of the proposed cellar in the burial ground and hence no sanction is possible. However, it is stated that the copy of the report is not furnished to the petitioner.

5. Circumstances being so, on 31.03.2010, petitioner purchased another 1 Are and 45 sq. mtrs. property lying on the west of the property covered by Ext.P5 sale deed. The said property was also owned by the Pentecostal Sabha, evident from Ext.P7. It is also stated that, the entire property was used by the Sabha as a burial ground. Case of the petitioner is that, the said property is purchased in order to get over the distance rule. Thereafter, petitioner altered the property to the road level and constructed a compound wall and has installed a gate. Electric connection was also secured. Later, on 20.09.2010, Ext.P8 application was made by the petitioner bef