CHURCH OF GOD IN INDIA MUNDAKUTTY VAYITHIRI TALUK WAYANAD DISTRICT Vs. STATE OF KERALA REP BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT TRIVANDRUM

JUDGEMENT

(1.) PETITIONER seeks to challenge Exts.P4, P6 and P8.

(2.) ACCORDING to the petitioner they submitted an application to the Padinharathara Grama Panchayat under Rule 6(3) of the Kerala Panchayat Raj Act (Burial and Burning Grounds) Rules 1998 for constructing a concrete vault burial ground. Panchayat recommended the application and forwarded the same to the District Collector. ACCORDING to the petitioner District Medical Officer also recommended the application. However by Ext.P4 the District Collector rejected the application stating that the RDO and Superintendent of Police reported that setting up of the concrete vault burial ground will affect the communal harmony.

(3.) IN this writ petition although various contentions are raised, one of the contentions raised by the counsel for the petitioner is that the report was obtained after the parties were heard on 19.11.2008. It is also stated that the report was utilised behind the back of the petitioner and there is violation of the principles of natural justice.