LAWS(KER)-2022-3-31

MATHEW Vs. STATE OF KERALA

Decided On March 02, 2022
MATHEW Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner in the writ petition is a resident within the limits of Muriyad Grama Panchayat, Thrissur District-the 2nd respondent. Petitioner seeks to quash Exhibit P5 notice issued by the Secretary of the Grama Panchayat, directing the petitioner to seek regularisation of the tombs constructed in the property of the petitioner for burying dead bodies without securing permission from the District Collector in contemplation of Rule 6 of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998. Petitioner was also directed to file suitable application for regularisation of the construction, failing which petitioner was directed to remove the constriction and report the matter before the Panchayat.

(2.) The submission made by the petitioner is that he is a retired person from the defence and he has purchased 27 cents of property in survey No.172/1 of Muriyad Village, as per document No.1008 of 2004 of Kallettumkara Sub Registrar's Office, to construct a prayer home. It is further stated that he has constructed a residential building in the said property and he is residing there; that he has a last wish that he and his family members want to be buried in the said property and for the said purpose he constructed three tanks, which can be used as tombs later. However, the Panchayat has issued Exhibit P5 notice without understanding the real implications in respect of the construction carried out by the petitioner. It is also pointed out that provisions of the Paddy Land and Wetland Act, 2008 or the provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998 are not applicable in the case, as the petitioner is using the property for his individual purpose and no public interest is involved in the matter.

(3.) That apart, it is submitted that the Panchayat has no right to impose restrictions on the petitioner for cremation of his own body in his property, where he is residing. Other contentions are also raised, basically stating that Exhibit P5 notice issued by the Panchayat is violative of the principles of natural justice and therefore, arbitrary and illegal, liable to be interfered with by this court under Article 226 of the Constitution of India.