T.Antony Leo vs The District Collector
2023 Latest Caselaw 13960 Mad

                                                                           W.P.(MD)No.8348 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 17.10.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD)No.8348 of 2021

                     T.Antony Leo                                     ... Petitioner

                                                          vs.
                     1.The District Collector,
                     Kanyakumari District at Nagercoil.

                     2.The Revenue Divisional Officer,
                     Nagercoil, Kanyakumari District.

                     3.The Tahsildar,
                     Agesteeswaram Taluk,
                     Kanyakumari District.

                     4.S.Azhaguvel
                     5.N.Murugesan                                    ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, directing the respondent from in
                     any way preventing the petitioner to bury the dead bodies of the members
                     of the Church of Jesus' Bride in the property of the petitioner's church
                     bearing New survey No.347/13, Dharmapuram Village, Agasteeswaram
                     Taluk, Kanyakumari District by considering the representation of the
                     petitioner dated 08.02.2021.

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                   W.P.(MD)No.8348 of 2021


                                        For Petitioner     :Mr.S.C.Herold Singh
                                        For R1 to R3       :Mrs.D.Farjana Ghousia
                                                           Special Government Pleader
                                                             *****

                                                           ORDER

This Writ Petition has been filed seeking for issuance of a Writ of

Mandamus directing the respondents to consider the representation made

by the petitioner on 08.02.2014, wherein, the petitioner is seeking to

restrain the respondents from preventing burial of dead bodies in the

subject property.

2.Heard Mr.S.C.Herold Singh, learned Counsel appearing on

behalf of the petitioner and Ms.D.Farjana Ghousia, learned Special

Government Pleader appearing on behalf of the respondents 1 to 3.

3.It is brought to the notice of this Court that the subject property

falls within the jurisdiction of Dharmapuram Panchayat, Agastheeswaram

Taluk, Kanyakumari District.

4.The Hon'ble Full Bench of this Court has now dealt with this

issue in Jegadheeswari and others vs A.Babu Naidu and others in

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8348 of 2021

W.A.No.1037 of 2023, dated 20.07.2023. The same shall be taken into

consideration by the official respondents and it shall be strictly complied

with.

5.In view of the same, the official respondents shall deal with the

representation made by the petitioner in line with the judgment of

Hon'ble Full Bench of this Court in Jegadheeswari and others vs

A.Babu Naidu and others in W.A.No.1037 of 2023, referred to supra.

6.The Writ Petition is disposed of in the above terms. No costs.

                     Index              :Yes / No                             17.10.2023
                     Internet           :Yes
                     NCC                : Yes/No

                     cmr

                     To

                     1.The District Collector,

Kanyakumari District at Nagercoil.

2.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3.The Tahsildar, Agesteeswaram Taluk, Kanyakumari District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8348 of 2021

N.ANAND VENKATESH, J.

cmr

W.P.(MD)No.8348 of 2021

17.10.2023

https://www.mhc.tn.gov.in/judis