K.P. KUNHIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who claims to be the Convener of "Poura Samrakshana Committee" in Peruvayal Panchayat, seeks to invoke the extraordinary powers of this Court under Art.226 of the Constitution by issuing a writ of certiorari quashing Ext. 17, proceedings of the District Collector, Kozhikode, dated 9-9-'81 according sanction for the grant of licence for the opening of a burial ground in an extent of 43 cents in R.S. No. 87/58 of Poovattu paramba desom in Peruvayal Village in Peruvayal Panchayat. in favour of the President, Juma Ath Mosque Committee, Peruvayal the 4th respondent herein.

(2.) It is said that the petitioner is residing in the house in R.S No. 87/58 in the same desom and village and he is interested in protecting the interest of the inhabitants of the locality. According to the petitioner, there are residential houses within the prohibited distance contemplated under R.5 of the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967, hereinafter referred to as 'a the Rules', and therefore in granting Ext. P7 sanction, the statutory provision in R.5 of the Rules has been violated. It is also contended that the District Collector, 2nd respondent herein, who passed Ext. P7 did not consider the objections filed by the petitioner.

(3.) A counter affidavit has been filed by the 4th respondent denying the various averments and allegations made in the petition. My learned brother, who admitted this O.P., issued a commission for certain limited purposes. Shri A. K. Avira, Advocate, was appointed as the Commissioner and he was required to report on the following matters :-