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Madras High CourtWP(MD)/9807/2021dismissed

Stephen Jebaraj v. The Dist.Collector

2021-11-23Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 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 1/3

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.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 2/3

+1 CC to M/s.SPL GP ( SR-35940[F] dated 25/11/2021 ) 23.11.2021 KS(CO) KB(02.12.2021) 3P 8C 3/3