INTER DENOMINATIONAL CHRISTIAN FELLOWSHIP Vs. NARAYANAN

JUDGEMENT

(1.) The appellant is the fifth respondent in O. P. No. 37280 of 2002, filed by respondents 1 and 2 herein, challenging Ext. P1 order dated 16-3-2001 passed by the Additional District Magistrate, alappuzha and Ext. P4 order dated 13-11-2002 passed by the Government.

(2.) Inter Denominational Christian Fellowship, the appellant herein, submitted an application dated 16-9-1998 for granting a licence to open and maintain a concrete burial vault in 131,8 sq. meters of land comprised in Sy. No. 325/42 of Mannar Village in Chengannur Taluk. The Mannar Grama panchayat in its resolution dated 23-10-1998 recommended the application. The district Medical Officer in his report dated 26-12-1998, stated that there are no dwelling houses within a distance of 25 metres of the site where the vault was proposed to be constructed. It was also reported that there is no water supply within a redius of 100 metres of the site. The District Medical Officer recommended to issue No Objection certificate for the construction of the concrete vault.

(3.) The District Collector published notice under Section 6 (7) of the Kerala panchayat Raj (Burial and Burning grounds) Rules, 1998 (hereinafter referred to as 'the Rules') , in the Malayala Manorama daily dated 7-4-1999, calling for objection, if any, against the granting of licence for opening the concrete burial vault in the proposed land. Objections were received against the granting of licence. The Revenue Divisional Officer was directed to conduct an enquiry. After enquiry, the Revenue Divisional Officer submitted his report dated 13-2-2001. Thereafter, the Additional District magistrate, Allappuzha conducted hearing after issuing notice to the persons concerned and Ext. PI order dated 16-3-2001 was passed granting sanction under sub-rule (8) (a) of Rule 6 of the Rules to construct the concrete vault. The following conditions were also imposed in Ext. P1 order and it was held that the licence will be issued only after the fulfilment of the conditions. The con-ditions are the following :