Judgment :- 1. The short point that arises for consideration is whether in the matter of giving licence for a burial ground under the Kerala Panchayats (Burial and Burning Grounds) Rules, 1967, the prohibition contained in R.4 (1), Chapter IV of the Kerala Education Rules, 1959 can be ignored. The petitioner is the Manager of the Samajam School, Eyyal. The school has got 10 divisions. The 4th respondent who is also a teacher of the school in his capacity as an office bearer of the Independent Syrian Christian Church, Eyyal applied to the 3rd respondent-Panchayat for a burial ground in S. No. 1114/1 of Eyyal Village. The 3rd respondent by Ext. P-2 resolution made it clear that it has no objection in sanctioning the burial ground as applied for. Thereupon, the 2nd respondent-District Collector, Trichur published a Notification inviting objections. The petitioner and 48 others objected to the sanctioning of the burial ground as per Ext. P-3. The 2nd respondent deputed the Tahsildar Talappilly to enquire and submit a report. The Tahsildar reported to the 2nd respondent that those who objected, withdrew their objections. As a matter of fact, the petitioner did not withdraw his objections. On the basis of the report of the Tahsildar the 2nd respondent passed Ext. P-4 order granting a licence for opening the burial ground in the 10 cents of land in S. No. 1114/1 of Eyyal Village subject to certain conditions. The petitioner filed Ext. P-5 appeal before the 1st respondent State against Ext, P4 order of the 2nd respondent. The 1st respondent by Ext P-6 dismissed that appeal. It was under the above circumstances that the petitioner approached this Court with this original petition. 2. A counter-affidavit has been filed on behalf of the 2nd respondent. In Para.7 of the counter-affidavit it is stated: "There is no violation of the provisions in the Rules. For granting licence the District Collector will have to look in the provisions contained in the Kerala Panchayat (Burial & burning Grounds) R.1967. There is error apparent on the face of the record and it is not opposed to the provisions of the special statute for issuing licence. The provisions contained in the K E.R. is not applicable in this case. The question herein is not sanctioning of any school. There is error apparent on the face of the record and it is not opposed to the provisions of the special statute for issuing licence. The provisions contained in the K E.R. is not applicable in this case. The question herein is not sanctioning of any school. On the other hand the rule impugned in this case is to grant a licence to the 4th respondent." 3. R.4(1), Chapter IV of the Kerala Education Rules, 1959 reads: "4. School buildings to be situated away from places of burial or cremation and liquor shops. (1) No school building shall be situated within a distance 183 meters from a public burial place or public cremation ground." The stand taken by the 1st respondent in Ext. P-6 is that in granting a licence for a burial ground under the Kerala Panchayats Act, 1960 and the Rules thereunder, the prohibition contained in R.4(1) Chapter IV of the Kerala Education R.1959 need not be taken into account. This is nothing but wrong. A licence for a burial ground cannot be given if it is in violation of any provision in any statute which insists that a burial ground should not be within a certain distance. R.4(1), Chapter IV of the Kerala Education Rules, 1959 is a law in force. Though the prohibition in the rule is that no school building shall be situated within a distance of 183 meters from a public burial place or public cremation ground, when it comes to the question of giving licence for a new burial ground, if a school is already there, the burial ground should not be within the prohibited distance. A prohibition like the one contained in R.4(1), Chapter IV of the Kerala Education Rules, 1959 cannot be ignored in granting licence for a burial ground under the Kerala Panchayats Act, 1960 and the Rules thereunder. R.4(1) Chapter IV of the Kerala Education Rules, 1959 is made with a purpose. The object behind the rule is that burial and burning grounds should not become a health hazard for the pupils and staff of a school. As the licence in question has been issued in violation of the mandatory provisions contained in R.4(1) Chapter IV of the Kerala Education Rules, 1959, it goes without saying that Ext. P4 order of the 2nd respondent granting the licence has to be set aside. By Ext. As the licence in question has been issued in violation of the mandatory provisions contained in R.4(1) Chapter IV of the Kerala Education Rules, 1959, it goes without saying that Ext. P4 order of the 2nd respondent granting the licence has to be set aside. By Ext. P-6 the 1st respondent has confirmed Ext. P-4. Hence Exts P4 and P-6 are set aside. 4. The original petition is allowed as above. There will be no order as to costs. Allowed.