Michel vs The District Collector
2023 Latest Caselaw 14039 Mad

                                                                          WP(MD)No.12050 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 19.10.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                            W.P.(MD)No.12050 of 2021

                Michel                                                  ...Petitioner
                                                      /Vs./

                1.The District Collector,
                Kanyakumari District
                At Nagercoil.

                2.The Revenue Divisional Officer,
                Padmanabhapuram, Thuckkalai

                3.The Inspector of Police,
                Nithravilai Police Station,
                Kanyakumari District.                                   ...Respondents

                PRAYER:- Petition - filed under Article 226 of the Constitution of India, to
                issue a Writ of Mandamus to direct the respondents to grant permission to shift
                the petitioner's wife's (Amutha) cemetery from frontside of the petitioner's
                house to backside of the petitioner's house by considering the petitioner's
                representation dated 06.07.2021 within a stipulated period that may be fixed by
                this Court.
                                   For Petitioner     : Mr.S.Sivakumar
                                   For R1 & R2        : Mr.K.S.Selvaganesan
                                                        Additional Government Pleader
                                   For R3             : Mr.R.Sivakumar
                                                        Government Advocate (Crl.side)


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                                                                            WP(MD)No.12050 of 2021

                                                       ORDER

This writ petition has been filed for issuance of writ of mandamus

directing the respondents to grant permission to the petitioner to shift the

cemetery of the petitioner's wife from front side of the petitioner's house to

backside of the petitioner's house by considering the representation made by the

petitioner on 06.07.2021.

2. In the present case, the property comes within the jurisdiction of

Methugumal Panchayat. Insofar as burial / cremation of dead bodies is

concerned, it is covered by the judgment of the Full Bench of this Court in the

case of Jagadheeswari and Others vs. B.Babu Naidu and Others reported in

2023 (2) WL Reporter 159.

3. It is also brought to the notice of this Court by the learned

Government Advocate appearing on behalf of the third respondent that the wife

had died under suspicious circumstances and an FIR was also registered under

Section 174 Cr.P.C. That apart, shifting of the dead body is also being opposed

by the in-laws. Therefore, it was contended that law and order problem will be

created, if such a permission is given to the petitioner.

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WP(MD)No.12050 of 2021

4. In the considered view of this Court, the relief sought for by the

petitioner cannot be granted by this Court in view of the judgment of the Full

Bench of this Court. Accordingly, this writ petition stands dismissed. No costs.

                                                                     19.10.2023
                NCC               : Yes/No
                Internet          :Yes/No
                Index             :Yes/No
                sm

                To

                1.The District Collector,
                Kanyakumari District
                At Nagercoil

2.The Revenue Divisional Officer, Padmanabhapuram, Thuckkalai

3.The Inspector of Police, Nithravilai Police Station, Kanyakumari District.

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

WP(MD)No.12050 of 2021

N.ANAND VENKATESH, J.

sm

Order made in W.P.(MD)No.12050 of 2021

Dated:

19.10.2023

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