Unlicensed tomb, cemetery on private land not allowed: Kerala HC

KOCHI: The High Court has observed that a private tomb or cemetery cannot be built on the whim of any individual, even on private property, without a licence from the district collector concerned. It said the activities, freedom and life of citizens were regulated by law for the common good and for the coexistence of all in society enjoying peace, harmony, and tranquillity. The court made the observation recently while dismissing a petition by Mathew, 78, of Muriyad who sought to quash the showcause notice served on him by Muriyad panchayat for building tombs on his 27-cent land without obtaining a licence from the collector. 

Mathew had argued that him and his family wanted to be buried on their property. He said for this, he had built three tanks that could be used as tombs later. He said the panchayat had no right to impose restrictions on him.The court said the legal framework regulating human life played a dominant position in democracy. So, individual freedom had to concede to the freedom and interests of the community, failing which there would be chaos in the administration of justice, thereby ruining the fabric of peaceful coexistence, said the court.