Mary Thomas Attullil vs The District Collector Ernakulam, Kakkanad, The Secretary, Thrikkakara Grama Panchayath, Kakkanad and V.J. Paily, The Secretary, Athani, Cemetary Samrakshana Samithy, St.Antony''S church

Ramachandran Nair, J

In these connected writ appeals one filed by an individual and the other filed by Athani Cemetery Samrakshana Samithy, the challenge is against the judgment of the learned Single Judge rendered in the two connected writ petitions rejecting the claim of the petitioners for allotment of 20 cents of land from the public burial ground for the use of one sect of the community. The learned Single Judge found that the land involved is only one acre and already 15 cents were earmarked for an organization which helped setting up of the public burial ground by rehabilitating families in the neighbouring area. Balance is only 85 cents of land and if community wise and sect wise allocation is made probably nothing will be available in the limited extent of land for serving the purpose of providing facility for the general public. As of now, Thrikkakara has become a very densely populated area and is currently a Municipality. We do not think there is any justification to order assignment of land to various communities or to any sect because everyone should have a right to enjoy facility, more so, when no burial is possible within the limited extent of house compound people have. Therefore, we do not find any justification to interfere with the view taken by the learned Single Judge that allotment of any extent of land to any community is not possible. We, therefore, dismiss all the writ appeals leaving it open to the Municipal Authorities to take into account the land available and make arrangements for allotting space for burial and cremation with available space to all communities, without any facility for tomb or exclusiveness.