M H SURENDRAN Vs. DISTRICT COLLECTOR TRISSUR

JUDGEMENT

(1.) The Writ Appeal has been referred to a Full Bench by Reference Order dated 7-12-94 by Pareed Pillay, Ag.C.J. (as he then was) and T. V. Ramakrishnan, J. In the Reference Order the Division Bench expressed the view that the Division Bench in Narayanan Thampi v. District Collector, (1988) 2 Ker LT 48, requires reconsideration with regard to the dicta therein that time limit under sub-Rule 8 of Rule 6 of the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967 (hereinafter called the 'Rules') is only directory and not mandatory.

(2.) The appellants before us are the petitioners in the Original Petition. They challenge Ext. P4 order passed by the District Collector, Trichur under Rule 6 of Clause 8 of the Rules granting a licence to the 5th respondent for the construction of a cell model burial ground in Sy. No. 183/1 of Edathuruthy village of Kodungallur Taluk on certain conditions. The case of the petitioners-appellants is as follows :-

(3.) Before we deal with the various aspects in this case, we shall state the material facts. The 5th respondent in the O.P. is the Christ King Church, Edamuttam. It made an application for licence to open a cell model burial ground in Edathuruthy Panchayat area in Form No. I which is dated 8-2-90. The proposed site is in Survey No. 183/1 of Edathuruthy village. The Panchayat namely, Edathuruthy Panchayat by Resolution dated 15-2-90 held that it had no objection in constructing a burial ground as stated by the 5th respondent. Thereafter the D.M.O. approved the site on 26-6-91. He forwarded the application to the District Collector. On 31-7-91 the ADM calls for the report of the Tahsildar, Kodungallur. The Tahsildar sent a letter on 25-9-91 saying that there was no objection from anyone. The ADM visited the site on 21-12-92. Eventhough he finds new construction, he does not report that there is any objection. Orders were passed to invite objection in the Daily issue of the Express on 7-1-93. After that it was published on 18-1-93. No objections were received. Hence the Collector passed the order on 11-11-93.