Madras High Court
Federation Of Pentecostal ... vs The District Collector on 7 November, 2023
W.P.(MD)No.19980 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2023
CO RAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.19980 of 2020
and
W.M.P.(MD)No.16649 of 2020
Federation of Pentecostal Churches ( FPC),
Through its General Secretary,
D.Kanagaraj, S/o.Dharmar,
107/D/1/C V.V.D. Road,
KCKS Colony , Thoothukudi. ... Petitioner
-vs-
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The Sub Collector,
Thoothukudi Sub Division, Thoothukudi.
3.The Municipal Corporation Commissioner,
Thoothukudi Municipal Corporation,
Thoothukudi.
4.The Tahsildar,
Thoothukudi Taluk, Thoothukudi. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the third respondent to respect and
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W.P.(MD)No.19980 of 2020
act according to the Civil Court's decree in O.S.No.48 of 2002, on the file of
the Additional District Munsif Court, Thoothukudi, dated 28.02.2003, and
consequently, direct the third respondent not to remove the grave yard or put
up any building within other than the building for exclusive users in terms of
the said judgement in O.S.No.48 of 2002.
For Petitioner : Mr.K.Sathiya Singh
For R1, R2 and R4: Mr.K.S.Selvaganesan
Additional Government Pleader
For R3 : Mr.N.Anandakumar
Standing Counsel
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the third respondent to act in accordance with the Civil Court's
decree passed in O.S.No.48 of 2002 by the learned Additional District
Munsif, Thoothukudi, dated 28.02.2003, and consequently, direct the third
respondent not to remove the graveyard or put up any building in the subject
property other than what has been provided in terms of the judgment in
O.S.No.48 of 2002.
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W.P.(MD)No.19980 of 2020
2. When the matter came up for hearing on 17.10.2023, this Court
passed the following order:-
''When the matter was taken up for hearing today, the learned
standing counsel appearing on behalf of the Thoothukudi Municipal
Corporation submitted that the matter has been compromised
between the parties. To substantiate the same, an understanding that
was arrived at the meeting held on 22.07.2021 was placed before
this Court. The learned counsel submitted that pursuant to this
understanding, the writ petition was agreed to be withdrawn by the
petitioner.
2. Per contra, the learned counsel for the petitioner submitted
that the petitioner never agreed to withdraw this writ petition and
therefore, wanted to argue the case on merits.
3. Post this case under the same caption on 07.11.2023.''
3. The matter was posted under the caption ''for orders'' today in order
to enable the learned counsel for the petitioner to take instructions from the
petitioner.
4. When the matter was taken up for hearing today, the learned
Standing Counsel appearing on behalf of the Thoothukudi Municipal
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W.P.(MD)No.19980 of 2020
Corporation placed all the relevant records before this Court. It is seen from
the records that a Meeting was held and it was agreed as follows:-
5. Pursuant to the above agreement, that was arrived at between the
parties, the extent of 4 Acres was carved out and the balance extent of 8.14
Acres was put to use and it is brought to the notice of this Court that already
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W.P.(MD)No.19980 of 2020
Science, Technology, Engineering and Mathematics [STEM] Park, is
functioning there.
6. The learned counsel appearing on behalf of the petitioner submitted
that 4 Acres of land, which was carved out, remains unsecured and hence, a
request was made to the third respondent to put up fencing in the 4 Acres of
land and this work is yet to be completed. The learned counsel for the
petitioner submitted that if the fencing is not done, there is a possibility that
others may also use this property for burying dead bodies.
7. The understanding that was reached by the petitioner and the third
respondent does not deal with erecting any fencing. However, the said
request made by the petitioner can be considered and a compound wall can be
erected around 4 Acres of land, that has been retained by the petitioner. This
process shall be completed as expeditiously as possible and not later than six
months from the date of receipt of a copy of this order.
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W.P.(MD)No.19980 of 2020
8. In the light of the above developments, no further orders are
required to be passed in this Writ Petition and this Writ Petition is disposed of
accordingly. No costs. Consequently, connected Miscellaneous Petition is
closed.
NCC : Yes/No 07.11.2023
Index : Yes/No
smn2
To
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The Sub Collector,
Thoothukudi Sub Division, Thoothukudi.
3.The Municipal Corporation Commissioner,
Thoothukudi Municipal Corporation,
Thoothukudi.
4.The Tahsildar,
Thoothukudi Taluk, Thoothukudi.
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W.P.(MD)No.19980 of 2020
N.ANAND VENKATESH, J.
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W.P.(MD)No.19980 of 2020
and
W.M.P.(MD)No.16649 of 2020
07.11.2023
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