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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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