ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, a resident of Ward No. 18 of muvattapuzha Municipality, filed this O. P. for directing respondents 2, 3 and 4 to take immediate steps to prevent respondent 6 and 7 from proceeding with the construction work of the cemetery in the six cents of property in Marady village for the Brethren Assembly without obtaining the licence or sanction from the concerned authorities.

(2.) HEARD the learned counsel for the petitioner respondents 6 to 8 and the learned Government Pleader.

(3.) THE learned counsel for the petitioner submitted that in view of S. 483 of the Municipality Act, the burial ground has to be registered. THE Municipality Act, 1994 has come into force after the passing of ext. R6 (c) order by the Municipal Commissioner. S. 483 of the present Act (which corresponds to S. 320 of the Municipalities Act, 1960) says: "registration or closing of ownerless places for disposal of the dead. ? (1) Every owner or person having control of any place used at the commencement of this Act as a place for burial, burning, or otherwise disposing, of the dead, shall, where such place is not already registered, apply to the Municipality to have such place registered. (2) Where it appears to the Municipality that there is no owner or person having control of such place, it shall assume such control and register such place or may, with the sanction of the Government, close it. " In view of S. 483 of the Act, even if the above burial ground was in existence even prior to the coming into force of the Act, it requires registration. So far as the new places for disposal of dead bodies are concerned, S. 484 mandate that a licence should be obtained from the municipality. THE object of the above provisions are to regulate and control the disposal of dead bodies in such a manner that it should not cause nuisance to the nearby inhabitants. In view of S. 483 of the present Act, respondents 6 to 7 should obtain registration from the municipality for the use of the above area for the disposal of the dead bodies.