Madras High Court
St. Sebastians Church vs The District Collector on 20 April, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 4766 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
W.P No. 4766 of 2024
St. Sebastians Church
Rep. By Its Present Parish Priest, Fr. Josemon Kb
Karukaparampil, S/o.Benjamin, V.V.Layout, Dhali
Road, Udumalpettu,
Coimbatore-642154.
..Petitioner
Vs
1. The District Collector
Collectorate, Tirupur Distirct, Tirupur.
2. District Revenue Officer
Collectorate, Tirupur Dist,
Tirupur.
3. Revenue Divisional Officer,
Udumalipet Taluk, Tirupur.
4. Tahsildhar
Udumalpet Taluk, Tirupur.
5. Revenue Inspector,
Udumalpet Taluk, Tirupur.
6. Village Administrative Officer
Udumalpet Taluk, Tirupur.
7. Rev.Dr.Thomas Aquinas M.A.DCL
Bishop,
Diocese Of Coimbatore,
Bishop House, Post Box No.6,
Coimbatore-641 001.
8. V.Rev.Msgr, John Joseph
Vicar General, Diocese Of Coimbatore,
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WP No. 4766 of 2024
Bishop House, Post Box No.6,
Coimbatore-641 001.
9. Rev. Fr.A.M.A.Lawrence,
Financial Adminsitrator, Diocese Of
Coimbatore, Bishop House, Post Box No.6,
Coimbatore-641 001.
10.Rev. Fr.A.Joseph Felix,
Parish Priest, Church Of Our Lady Of Nativity,
Dhali Roa, D Udumalpet-642 126.
..Respondents
Writ Petition filed under Article 226 of Constitution of India
seeking for issuance of Writ of Mandamus directing the 1st respondent to
forbear the respondents 7 to 10 from interfering with the petitioner’s right to use
the cemetery to an extent of 49.4 cents in Survey No.39 in Udumalpet Town,
Coimbatore.
For Petitioner: Mr. K.R.Sankaran
For Respondents: Mr.R.Murthy (R1 to R6)
Government Advocate
Mr.Ma.Gouthaman (R7,R8 and R10)
***
ORDER
This Writ Petition has been filed seeking a direction to the 1st respondent to forbear the respondents 7 to 10 from interfering with the petitioner’s right to use the cemetery to an extent of 49.4 cents in Survey No.39 in Udumalpet Town, Coimbatore.
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2. The learned counsel for the petitioner would submit that the Government has allotted a burial ground for the Roman Catholic Christians of Udumalpet area and right from beginning the Syro Malabar and Latin Catholic communities were using cemetery which was allotted by the Government to the Roman Catholic. But after the construction of Syro Malabar Church in 2006, the Syro Malabar community were restricted entry to the burial ground by the latin catholics to perform their rituals and to bury in the Cemetry allotted by the Government.
2.1. .Further, he would submit that Government has allotted the burial ground for Roman Catholics and it does not mention that it can be used only for latin Caholics. But the respondents 7 to 10 are preventing the members of the Petitioner’s church from using the cemetry for burial and other incidental rituals. Hence, the petitioner has filed this Writ Petition seeking for the aforesaid relief.
3. Heard both sides. Perused the materials available on record.
4. Considering the facts and circumstances of the case and upon the submissions made by the learned counsel for the petitioner and on a perusal of records, it appears that there is a dispute between the two groups viz., Latin Catholics and Syro Malabar Catholics and therefore the petitioner has to __________ Page3 of 5 https://www.mhc.tn.gov.in/judis WP No. 4766 of 2024 ventilate his grievance before the Civil Court and not by way of filing the Writ Petition.
5. In view of the same, this Writ Petition stands dismissed with liberty to the petitioner to approach the civil Court in the manner known to law. No costs.
20-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr To
1. Tahsildhar Udumalpet Taluk, Tirupur.
2. Revenue Inspector, Udumalpet Taluk, Tirupur.
3. Village Administrative Officer Udumalpet Taluk, Tirupur.
The District Collector Collectorate, Tirupur Distirct, Tirupur.
4. District Revenue Officer Collectorate, Tirupur Dist, Tirupur
5. Revenue Divisional Officer, Udumalipet Taluk, Tirupur.
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