AIR 2008 KERALA 1 ::2007 (3) Ker LJ 496 ::2007 (4) KerLT 416 ::ILR(ker) 2007 (4) KER 87

Kerala High Court

Hon'ble Judge(s): H. L. Dattu , C.J. AND K. T. Sankaran , J

(A) Kerala Panchayat Raj Act (13 of 1994) , S.254— Kerala Panchayat Raj (Burial and Burning Grounds) Rules (1998) , R.5— Opening of concrete burial vault - Grant of license for - Existence or otherwise of dwelling house within prohibited distance - Relevant only with reference to date of application. On the date of application, construction activity within the prohibited distance was not there. It was only after publication of the notice in daily that the construction activity commenced within the prohibited distance. In view of Rule 5(2) of the Rules, it cannot be said that the application is not liable to be granted in view of the prohibition contained in Rule 5. Rule 5(2) is in the nature of an exception to Rule 5(1). The State of affairs as on the date of application alone is relevant for considering the application for opening a new burial ground or burning ground. The existence or otherwise of the dwelling house is to be taken into account with reference to the date of application. A subsequent change in the state of affairs would not entail in the dismissal of the application invoking Rule 5(1).(Para 9) (B) Kerala Panchayat Raj Act (13 of 1994) , S.254— Kerala Panchayat Raj (Burial and Burning Grounds) Rules (1998) , R.6(9)— Licence for opening concrete burial vault - Applica....