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This Regular Second Appeal essentially arises out of the challenge made as against the permission granted by the statutory authorities concerned for the establishment of a vault type cemetery in the appellant St.Mary's Orthodox Church, Vettipuram, Pathanamthitta district. The contesting respondents herein had filed Original Suit, O.S.No.57/1999 before the Munsiff's Court, Pathanamthitta, praying to set aside the impugned orders issued by the statutory authorities concerned in the matter of permission for construction of a vault type cemetery by the St.Mary's Orthodox Church authorities concerned (respondents 5 and 6 in the O.S.) and for consequential injunction. The trial court has decreed the suit in favour of the plaintiffs. Aggrieved by the impugned judgment and decree rendered by the Munsiff's Court, Pathanamthitta, on 29.9.2000 in O.S.No.57/1999, the church authorities had filed Appeal Suit, before the District Court concerned. The lower RSA No. 1209/04 - : 2 :-

Ext.B-3 order dated 13.3.1991. It is on the basis of such renewed permission, that the church authorities could complete substantial part of the construction, which was later interdicted by the learned Munsiff as per the interim injunction order dated 11.3.1999 ordered in the present O.S. That the construction was done strictly in accordance with the approved plan and that the apprehension expressed is without any material foundation. That there is no stipulation in the Kerala Municipality Act and the Rules framed thereunder regarding the minimum distance in the establishment of a vault type cemetery. That the defendant St.Mary's-Orthodox Church, Vettipuram, Pathanamthitta, is an independent parish church, which was carved out from St.Stephen Orthodox Church, Makkankunnam, Pathanamthitta. That the bifurcation of the defendant church as an independent parish church distinct and separate from the parish of St.Stephen's Orthodox Church was subject to the condition that the defendant church should establish their own independent cemetery. That therefore the defendant church cannot depend upon the cemetery of St.Stephen's Orthodox Church, Makkankunnam, Pathanamthitta for the burial purpose of the parish members of the defendant church. That the members of RSA No. 1209/04 - : 12 :- 
                  Defendants-N.Abdul        Rahiman

RSA No. 1209/04                    - : 35 :-

                  and Seven others.

                         Be it known to all that
                  the above plaintiffs have filed
                  the  above    suit
                  defendants fordefendants
                                     anagainst    the
                                          injunction
                  restraining thethe
                  obstructing          plaintiffsfrom
                                                    in
                  constructing
                  concrete cells inathevaultcentsthe
                                                 type

                  Survey    No.143/8    25of        in

                  Pathanamthitta village and for
                  recovering damages amounting
                  to Rs.10000.in The defendants
                  are   sued          representative
                  capacity     representing       the
                  General      Public      of     the
                  Pathanamthitta Municipal area.
                  If any person desire to get
                  impleaded as defendants should
                  appear   before    the    Munsiff's
                  Court, Pathanamthitta on date
                  31-10-1991 to which the case
                  stated posted.
                         ByPlaintiffs the Court,
                            order ofAdvocate
                             ((Sd) V.Pappy
                 Pathanamthitta,
                 20-5-1991"
282/1991. The defendants therein were 1. N.Abdul Rahiman, Charivukalayil House, Nannuvakkadu Muri, Pathanamthitta; 2. V.V.Radhakrishnan Nambyathiri, Charivil House, Vettiprom Muri, Pathanamthitta Village; 3. Rajan, S/o.Kunjukunju, Velanparambil House, Vettiprom, Pathanamthitta Village; 4. S.M.Meera Sahib, Chavadithekkethil House, Azhoor Muri, Pathanamthitta Village; 5. Sivadasan, S/o.Sivan, Velanparampil House, Vettiprom Muri, Pathanamthitta Village; 6. Krishnankutty, -do-; 7. Sunny, S/o.Raman, Thomacheril House, Vettiprom Muri, Pathanamthitta Village and 8. Muhammed Musthafa, S/o.Muhammed Kannu, Velenparampil House, Vettiprom Muri, Pathanamthitta Village. It has been specifically averred that the defendants herein were represented in a representative capacity. The prayers in the said suit were for permanent prohibitory injunction restraining the defendants from obstructing plaintiffs from constructing vault type reinforced concrete cell in the plaint schedule property and for damages. The lower appellate court primarily relied on the ruling of this Court in the case Soman v. Appukutty reported in AIR 1988 Ker 212 = 1987 (2) KLT SN 87 = 1987 KHC 738. In paragraphs 7 to 11 thereof, this Court in the said ruling has held as follows: