Public interest litigation seeking mandamus for permission to use church land as a burial ground. The court directed hearing and disposal by the local Panchayat President within a specified timeframe before disposing of the petition.
Direction to Petitioner and others to be heard; representation to be disposed of by Panchayat President by 10.12.2021.
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W.P.(MD) No.9807 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.9807 of 2021
Stephen Jebaraj
... Petitioner
vs.
1.The District Collector,
Tirunelveli District, Tirunelveli.
2.The Block Development Officer, Maanur Taluk, Tirunelveli District.
3.State Rep. by
The Superintendent of Police,
Office of the Superintendent of Police, Tirunelveli District.
4.The State Rep. by
The Sub-Inspector of Police,
Devarkulam Police Station, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant permission and adequate protection to use the land in Plot Nos.202, 203 and 204, situated in S.No.508/3, Vannikonendhal Village, Maanur Taluk measuring to an extent of 10 cents belonging to the AG Church as burial ground for the members of the Misba AG Church, Vannikonendhal by considering the representation of the petitioner dated 08.05.2021.
For Petitioner : Mr.K.Prabhu For Respondents : Mr.N.Satheeshkumar Additional Government Pleader (for R1, 3 and 4) Mr.S.P.Maharajan (for R2)
O R D E R
The prayer sought for in the writ petition is to consider the representation, which has been given by the petitioner, seeking allotment of a land, which was identified as burial ground.
2.The claim of the petitioner is that they purchased a land measuring 10 cents in S.No.508/3 at Vannikonenthal Village, by registered sale deed dated 25.02.2014. The petitioner and the members of the church commenced utilizing the said land as burial ground. However, there were some objections. The petitioner https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD) No.9807 of 2021
naturally requires license to use a particular piece of land as burial ground. In this connection, the petitioner had given a representation on 08.05.2021 for usage of the said land as burial ground. Let the petitioner and any other individual be heard before passing a final order on the representation of the petitioner and let the representation be disposed of by the Panchayat President, Vannikonenthal Village in Maanur Taluk on or before 10.12.2021.
3.With the above observations, the writ petition is disposed of. No costs.
Assistant Registrar (CS-III)
// True Copy //
sji
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.
3.The Sub-Inspector of Police, Devarkulam Police Station, Tirunelveli District.
Copy to
The Panchayat President, Vannikonenthal Village, Maanur Taluk, Tirunelveli District.
+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-35596[F] dated 24/11/2021 )
+1 CC to M/s.S.P. MAHARAJAN, Advocate ( SR-35680[F] dated 24/11/2021 https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD) No.9807 of 2021
+1 CC to M/s.SPL GP ( SR-35940[F] dated 25/11/2021 )
W.P.(MD) No.9807 of 2021
23.11.2021
KS(CO)
KB(02.12.2021) 3P 8C
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Stephen Jebaraj
The District Collector, Tirunelveli
The Block Development Officer, Maanur Taluk
The State Rep. by the Superintendent of Police, Tirunelveli
The State Rep. by the Sub-Inspector of Police, Devarkulam
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
