MANAGER SAMAJAM SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE short point that arises for consideration is whether in the matter of giving licence for a burial ground under the Kerala panchayats (Burial and Burning Grounds) Rules, 1967, the prohibition contained in R. 4 (1), Chapter IV of the Kerala Education Rules, 1959 can be ignored. THE petitioner is the Manager of the Samajam School, Eyyal. THE school has got 10 divisions. THE 4th respondent who is also a teacher of the school in his capacity as an office bearer of the Independent Syrian Christian Church, Eyyal applied to the 3rd respondent-Panchayat for a burial ground in S. No. 1114/1 of Eyyal Village . THE 3rd respondent by Ext. P-2 resolution made it clear that it has no objection in sanctioning the burial ground as applied for. THEreupon, the 2nd respondent-District Collector, Trichur published a Notification inviting objections. THE petitioner and 48 others objected to the sanctioning of the burial ground as per Ext. P-3. THE 2nd respondent deputed the Tahsildar talappilly to enquire and submit a report. THE Tahsildar reported to the 2nd respondent that those who objected, withdrew their objections. As a matter of fact, the petitioner did not withdraw his objections. On the basis of the report of the Tahsildar the 2nd respondent passed Ext. P-4 order granting a licence for opening the burial ground in the 10 cents of land in S. No. 1114/1 of Eyyal Village subject to certain conditions. THE petitioner filed Ext. P-5 appeal before the 1st respondent State against Ext, P4 order of the 2nd respondent. THE 1st respondent by Ext P-6 dismissed that appeal. It was under the above circumstances that the petitioner approached this Court with this original petition.

(2.) A counter-affidavit has been filed on behalf of the 2nd respondent. In Para. 7 of the counter-affidavit it is stated: "there is no violation of the provisions in the rules. For granting licence the District Collector will have to look in the provisions contained in the Kerala Panchayat (Burial & burning Grounds)R. 1967. There is error apparent on the face of the record and it is not opposed to the provisions of the special statute for issuing licence. The provisions contained in the K E. R. is not applicable in this case. The question herein is not sanctioning of any school. On the other hand the rule impugned in this case is to grant a licence to the 4th respondent. "