Judgment :- 1. This is an appeal under S.5 of the Kerala High Court Act, on the basis of a certificate issued by a learned judge who disposed of S. A. No. 1049 of 1968. The appeal is by plaintiffs 2 and 6 to 9, whose suit for an injunction restraining the defendants from interfering with the burial or burning of dead bodies in the plaint schedule property was dismissed by the trial court. In appeal however, the learned District judge found that the plaint schedule property was used as a burial or burning ground from time immemorial and that the property must be deemed to have been registered as a burial and burning ground existing from the commencement of the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967. In further appeal to this Court Poti J., affirmed the finding that the plaintiffs acquired the right to use the property as a burning ground for the members of the tarwad. The learned judge also found that nothing in the Kerala Panchayats Act, 1960, for short, the Act or the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967 (hereinafter referred to as the Rules) took away or affected the rights found by the learned Judge. It was however further held by the learned judge that R.4 of the Rules will not be applicable to the plaint burial or burning ground and that it would be necessary for the user of the ground for burial or burning to apply for licence under R.6 of the Rules or get special permission under the second proviso to R.8. > Consequently the injunction decree that had been granted by the District Court has been modified by the learned judge by making it subject to the obtaining of a licence under R.6 or permission under the second proviso to R.8. 2. Counsel for the appellants contended before us that the basis of the decision of this Court is that the words "burial or burning grounds" occurring in R.4 of the Rules are applicable only to public burial or burning grounds and that this basis requires reconsideration. Counsel submitted that a reference to the provisions in the Act and the scheme of the Rules and the Rules in particular, will not justify such a limited meaning being given to the words "burial or burning grounds" occurring in R.4 of the Rules. Counsel submitted that a reference to the provisions in the Act and the scheme of the Rules and the Rules in particular, will not justify such a limited meaning being given to the words "burial or burning grounds" occurring in R.4 of the Rules. Since the respondents were not represented by counsel, we requested Sri. S. Eswara Iyer to assist the Court amicus curiae and we are obliged to him. for having checked up the provisions and for assisting us in deciding the question. 3. If we go by the ordinary meaning that is attributable to the words "burial or burning grounds" there is nothing which necessitates burial or burning grounds being limited in its application only to public burial or burning grounds. The words normally must take within their ambit both public and private burial and burning grounds. S.129(2)(xxv) of the Act no doubt refers to burial and burning grounds and the licensing of private burial and burning grounds apart from other matters which are not material for our purpose. But we would emphasise the word "provision" occurring before "of burial and burning grounds" and "licensing of private" occurring before "burial and burning grounds" in order to understand why the word "private" is used before "burial and burning grounds" occurring a second time in clause (xxv) of sub-s. (2) of S.129 of the Act. The Rules, in consonance with what is envisaged by this clause of subsection (2) of S.129 have enacted that "provision" can be made by the Panchayat, to be exact, the Panchayat shall make provision when there is no sufficient provision in existence for burial or burning grounds. This is seen from R.3. For that purpose under sub-rule (2) of R.3 the Panchayat has to seek permission of the Collector. For making provision under that rule it appears to us that no licensing is necessary though we notice that R.6(1) states that "no new place for the disposal of the dead, whether private or public, shall be opened, formed, constructed or used unless a licence has been obtained from the Collector in this behalf". The new place for which a licence is required under R.6(1), we consider is different from the burial or burning grounds to be provided by the Panchayat under R.3(1). R.7 makes a clean distinction between burial and burning grounds "provided", registered or licensed. The new place for which a licence is required under R.6(1), we consider is different from the burial or burning grounds to be provided by the Panchayat under R.3(1). R.7 makes a clean distinction between burial and burning grounds "provided", registered or licensed. We have already referred to R.3 and 6 which provide respectively for provision and for licensing. The registration in certain cases is deemed under R.4 and is required by R.7. We shall read both these rules in extenso: "4. Existing burial and burning grounds to be deemed registered. (1) The burial or burning grounds existing at the commencement of these rules shall be deemed to have been registered under these rules. (2) If any dispute arises as to whether a burial or burning ground is in existence a the commencement of these rules, such dispute shall be referred to the Collector, whose decision thereon shall be final. (3) If it appears to the Panchayat that there in no owner or person having the control of any existing burial or burning ground the Panchayat shall assume such control and register such place, or with the permission of the Collector, close it". 7. Registration of burial and burning grounds (1) A book shall be kept at the office of every Panchayat in which places provided, registered or licensed under R.3, 4 and 6 and all such places provided, registered or licensed before the commencement of these rules, shall be recorded. (2) A notice in English and in the principal regional language of the Panchayat area to the effect that a place has been registered under sub-rule (1) shall be affixed at some conspicuous place at or near the entrance of the burial or burning ground for which the place is used. (3) The book referred to in sub-rule (1) shall be periodically inspected by the Officer or Officers authorised to inspect and superintend end the affairs of the Panchayat under the Act. 4. If burial or burning grounds can take within its ambit, private burial or burning grounds as well, the burial and burning grounds scheduled to the plaint must by virtue of R.4(1) be deemed to have been registered under the Rules. 4. If burial or burning grounds can take within its ambit, private burial or burning grounds as well, the burial and burning grounds scheduled to the plaint must by virtue of R.4(1) be deemed to have been registered under the Rules. Sub-rule (3) of R.4 gives an indication that the burial or burning grounds referred to in sub-rule (1) need not necessarily be public burial or burning grounds alone for it refers to an owner or person having any control of any existing burial or burning grounds. Further when the rules contemplate the licensing of private burial and burning grounds by the Collector as they do of permission being granted by the Collector to the Panchayats for establishing the burial and burning grounds, it appears difficult to limit the ambit of R.4 as applicable only to one class of burial and burning grounds. In other words, we find no justification whatever for denying the benefit of the deeming provision in R.4 to private burial and burning grounds that had been in existence at the commencement of the Act. R.10 which deals with "closing of burial or burning grounds" uses the expression "any burial ground except private burial ground". This gives a clear indication that burial ground will take in not only public burial ground but private burial ground as well. As we indicated at the very beginning, burial and burning grounds must comprehend both types of burial and burning grounds, private and public. The nature of the use and the purposes are the same and there ought to be no classification based on the ownership or the limited use to which the ground is put in the case of private burial and burning grounds. With respect, we are unable to agree with the view taken by the learned judge in the judgment under appeal. It appears to us with great respect that a far too restricted meaning had been given and attributed to the words "burial and burning grounds" by the learned Judge. From all the other findings entered by the learned judge in confirmation of the findings entered by the District Judge, it has to be held that the plaint burial or burning grounds must be treated as one registered under R.4 of the Rules. We hold so. Accordingly we allow this appeal and restore the decree for injunction passed by the District Judge. We hold so. Accordingly we allow this appeal and restore the decree for injunction passed by the District Judge. We direct the parties to bear their respective costs in this appeal. Allowed.