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Madras High CourtWP(MD)/8145/2025dismissed

Mahalinga Velan A v. The District Collector

2025-11-14Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.8145 of 2025 A.Mahalingavelan ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Nagercoil, Kannyakumari District

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Nagercoil, Kannyakumari District.

3. The Commissioner, Nagercoil Municipality, Nagercoil, Kannyakumari District.

4. The Tahsildar, Nagercoil, Kannyakumari District.

5. The CSI Church, Represented by Isac Raja ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus to directing the respondents banning the construction of the new cemetery which was constructed by the respondent no.5 in old survey no. 2871 correspondent new survey no. A2/25 has an area totally to an extent of 1 acre and 48 cents which was used as a cemetery and burial ground exclusively for the Christians attached to the Church of South India, at Pallivilai and consequently directing the respondents 1 to 4 herein to take appropriate action against the 5th respondent on the basis of Rule 7 of The Tamil Nadu Village Panchayats (Provision of burial and burning grounds ) Rules 1999 and also considering the petitioners representation dated 08.03.2025. For Petitioner : M/s.D.Meenalochini For R1, R2 & R4 : Mr.A.Kannan Additional Government Pleader For R3 : Mr.F.Deepak For R5 : Mr.Isaac Mohanlal Senior Counsel

ORDER

When the matter is taken up for hearing it is informed that the suit is already pending in respect of the very same subject matter in O.S.No.166 of 2017. Therefore, the petitioner shall await the result of the said suit.

2. Recording the same, the writ petition stands dismissed. No costs. 14.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 2/4

To

1. The District Collector, Office of the District Collector, Nagercoil, Kannyakumari District

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Nagercoil, Kannyakumari District.

3. The Commissioner, Nagercoil Municipality, Nagercoil, Kannyakumari District.

4. The Tahsildar, Nagercoil, Kannyakumari District.

3/4

P.T.ASHA, J.

rgm W.P.(MD).No.8145 of 2025 14.11.2025 4/4