ELOOR MUNICIPALITY Vs. ST GEORGE ORTHODOX VALIYAPALLY

JUDGEMENT

(1.) Ext.P5 order passed by the Tribunal for Local Self Government Institutions disposing of two appeals filed by the first respondent herein, is under challenge in this writ petition. The brief facts of the case are as follows:-

(2.) The first respondent herein owns a large tract of land, 2.44 acres in extent, situate in S.Nos.140/1, 140/2, 140/2-2 and 136/5B2 of Eloor Village, Paravur Taluk, Ernakulam District. On an application submitted by the Vicar of the first respondent church, the District Collector issued Ext.P1 license dated 02.11.1998 under the provisions contained in the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1967, permitting the first respondent church to open and maintain a burial ground in 50 cents of land situated in S.No.140/2 of Eloor Village, Paravur Taluk, Ernakulam District. Pursuant thereto, the Eloor Municipality granted a building permit to the first respondent church to put up a cemetery. A cemetery was accordingly established in the year 1997. Long afterwards, the first respondent church submitted an application dated 24.12.2009 for a building permit to put up a waiting shed to provide shelter to the parishioners and others attending the funeral, from the sun and rain. After the application was submitted on behalf of the first respondent church, the original of Ext.P3 undertaking was submitted by its trustee, Sri.Mathew Alexander wherein he undertook that the waiting shed will be used for protecting the body and people attending the funeral from the sun and rain and will not be used for any other purpose. It was however mentioned in the undertaking that the waiting shed is proposed to be constructed in the premises of the existing cemetery. After the original of Ext.P3 undertaking was submitted, the Secretary of Eloor Grama Panchayat issued a building permit dated 30.01.2010.

(3.) After the construction of the waiting shed commenced, the neighbouring residents objected to the construction. The first respondent church and its Vicar thereupon filed W.P.(C)No.32913 of 2011 in this Court, seeking police protection. After hearing the learned counsel appearing for the petitioners and the respondents therein, a Division Bench of this Court held in Ext.P4 judgment delivered on 04.01.2012 that Ext.P3 undertaking was not restricted to the user of the shed and that it was also undertaken that the construction of the proposed building will be within the premises of the cemetery namely 50 cents of land covered by Ext.P1 license. The stand taken by the first respondent church herein was that it had the right to construct the waiting shed outside 50 cents of land where the cemetery is actually situated. Taking note of Ext.P3 undertaking and the fact that the construction is being carried on outside the 50 cents of land where the cemetery is located, the Division Bench of this Court dismissed the writ petition but reserved liberty with the first respondent church and its Vicar to approach the local authority (the petitioner herein) for redressal of their grievances.