BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025 CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.24986 of 2025

1.C.P.Ben

2.V.Vincent

3.R.Biju .. Petitioners Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari - 629 175.

3.The Block Development Officer, Munchirai Village Panchayat, Kanyakumari.

4.The Inspector, Kaliyakkavilai Police Station, Kanyakumari.

5.The Church of South India, CSI Diocese Association, Represented by its Bishop, Nagercoil, Kanyakumari District.

6.The Church of South India, Represented by its Pastor, Old Kulapuram Church, Killiyoor Taluk, Kulapuram Post, Kanyakumari - 629 163.

7.The Secretary, CSI Old Kulapuram Church, Killiyoor Taluk, Kulapuram Post, Kanyakumari - 629 163. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 herein to take necessary action and forbear the private respondents 5 to 7 from setting up a private cemetery / burial ground or do any other construction activity of such or other nature in Survey No.273/9, Kavuvilai, Adaikkakuzhi Village, Kulapuram Panchayat, Kanniyakumari District in contravention of Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999.

For Petitioner : Mr.C.Murugavel For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 : Mr.T.Amjad Khan Government Advocate For R4 : Mr.S.Prakash Government Advocate(Crl.Side)

For R5 : Mr.N.Dilipkumar For R6 & R7 : Mr.G.Sailandra Babu

ORDER

This writ petition has been filed for the following relief :

“directing the respondents 1 to 4 herein to take necessary action and forbear the private respondents 5 to 7 from setting up a private cemetery / burial ground or do any other construction activity of such or other nature in Survey No.273/9, Kavuvilai, Adaikkakuzhi Village, Kulapuram Panchayat, Kanniyakumari District in contravention of Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999.”

2. The 5^th respondent has passed a resolution in which it has been agreed as follows :

“It was unanimously agreed the Church Committee, CSI Christ Church Kulapuram that CST Christ Church Kulapuram will not be using the property as a cemetery, which is situated in Methukummal area of Resurvey Number 273/9, totalling 16 cents, in Adaikkakuzhi Village, Killiyoor Taluk, belonged to the CSI TA, Kanyakumari Diocese.”

3. Further, the Tahsildar has forwarded a communication to the Government Advocate wherein it has been stated as follows :

“milff; hFop fpuhkk;> Gy vz;.273 / 9y; css;

16 nrd;l; gugG; k; fhypaplkhf css; J. ,gG; yjj; py; vej; fyy; iwfSk; mikff; gg; ltpy;iy. ,ej; 16 nrd;l; ,lji; j Rww; p rpnkdl; ; fwf; shy; kjpyR; tu; kwW; k; ,UkG; fkg; pfshy; Ntyp mikff; gg; lL; ss; J. gioa FsgG; wk; C.S.I fpwp]J; rig Mya eput; hfjj; pwF; s; Nkwg; b Gy vzz; py; fyy; iwjN; jhll; k; vJTk; mDkjpapy;yhky; ehqf; s; mikff; khlN; lhk; vd njuptpj;Jss; du; vdw; tpguk; gzpTld;

njuptpj;Jfn; fhsf; pNwd.;”

4. Recording the above, this Writ petition stands disposed of as the relief claimed by the petitioner has been granted and complied with. No costs. Consequently, connected Miscellaneous Petition is closed.

24.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari - 629 175.

3.The Block Development Officer, Munchirai Village Panchayat, Kanyakumari.

4.The Inspector, Kaliyakkavilai Police Station, Kanyakumari.

P.T.ASHA, J.

gbg

24.11.2025