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2026 Supreme(Online)(Ker) 20005

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
MANOJKUMAR – Appellant
Versus
THE DISTRICT COLLECTOR THRISSUR – Respondent
WP(C) NO. 30569 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.K.SHAJ, SRI.RENJIT GEORGE
For the Respondents: SHRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.K.S.RAJESH, SRI.SERGI JOSEPH THOMAS, SRI.M.SHAJU PURUSHOTHAMAN, SHRI.TONY GEORGE KANNANTHANAM, SMT.G.SHEEBA, GP

A petitioner can withdraw a writ petition concerning preservation of a body for rituals once consent for medical examination is provided.

Headnote:The Petitioner, seeking direction to preserve the dead body of his grandmother for rituals, challenged the authority's decision allowing its use for medical study, asserting the importance of conducting rites. This Court, ruling on the validity of the earlier preservation order dated 09.09.2016, observes that the body can be utilized for anatomical examination as consent was given. The Writ Petition is ultimately dismissed as withdrawn with the condition that the examination will proceed.

Result: This Writ Petition is dismissed as withdrawn.

Table of Content
1. preservation of the dead body for rituals. (Para 1 , 2)
2. consent for medical study leads to withdrawal. (Para 3)
3. writ petition dismissed as withdrawn. (Para 4)

JUDGMENT

1. The Petitioner has filed this Writ Petition seeking direction to the Respondent Nos.1 and 3 to consider and pass orders on Exts.P2 and P4 representation and to preserve the dead body of his grandmother till a decision is taken on Exts.P2 and P4 by the Respondent Nos.1 and 3. The grievance of the Petitioner is that the Petitioner requires the dead body of his grandmother to conduct the rituals after death, and it could not be given for medical study.

2. This Court passed an Order dated 09.09.2016, directing that the dead body referred to in the Writ Petition shall be preserved. The Respondent No.9 has been preserving the body for the last more than 9 years.

3. The learned Counsel for the Petitioner submitted that the Petitioner has no objection to the Respondent No.9 taking the dead body for the purpose of anatomical examination and dissection for medical study. The learned Counsel pointed out the affidavit dated 03.02.2026 filed by the Petitioner in this regard. Counsel prayed for withdrawal of the Writ Petition.

4. In view of the said affidavit, this Writ Petition is dismissed as withdrawn, making it clear that the Respondent No.9 can make use of the dead body for medical study.

Sd/-

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