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Madras High Court

R.Sabinammal vs The District Collector on 31 March, 2022

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                          W.P(MD).No.9701 of 2020



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 31.03.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                              W.P(MD).No.9701 of 2020
                                         W.M.P(MD).Nos.8710 and 8711 of 2020

                     R.Sabinammal                                              ... Petitioner

                                                         Vs.
                     1.The District Collector,
                       Kanyakumari District,
                       Nagercoil.

                     2.The Revenue Divisional Officer,
                       Collectorate Building,
                       Nagercoil.

                     3.The Superintendent of Police,
                       Kanyakumari District,
                       Nagercoil.

                     4.The Inspector of Police,
                       Kottar Police Station,
                       Kottar,
                       Nagercoil.

                     5.Fr.Joseph Raj,
                       Parish Priest,
                       St.Antonys Church,

                     _________
                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD).No.9701 of 2020



                        Elankadai,
                        Kottar Post,
                        Nagercoil.

                     6.K.P.S.Francis,
                       Vice President,
                       Parish Council of Elankadai,
                       St.Antony's Church,
                       Elankadai,
                       Kottar Post,
                       Nagercoil.

                     7.Peter,
                       Secretary,
                       Parish Council of Elankadai,
                       St.Antony's Church,
                       Elankadai,
                       Kottar Post,
                       Nagercoil.

                     8.Suresh,
                       Treasurer,
                       Parish Council of Elankadai,
                       St.Antony's Church,
                       Elankadai,
                       Kottar Post,
                       Nagercoil.                                                ... Respondents


                                   Writ Petition filed under Article 226 of the Constitution of India
                     to issue a Writ of Mandamus directing the respondent Nos.1 to 4 to take
                     appropriate action against the respondents 5 to 8 based on the representation


                     _________
                     Page 2 of 6


https://www.mhc.tn.gov.in/judis
                                                                                   W.P(MD).No.9701 of 2020



                     of the petitioner dated 26.05.2020.


                                    For Petitioner     :          Mr.C.T.Perumal

                                   For Respondents     :         Mr.S.Manikandan
                                                                 Government Advocate
                                                                 for RR1 to 4
                                                                 Mr.J.Senthil Kumaraiah
                                                                 for RR6 to 8
                                                                 No-appearance for R5


                                                            ******
                                                           ORDER

This Writ Petition has been filed to direct the respondents 1 to 4 to take appropriate action against the respondents 5 to 8.

2. The main contention of the petitioner is that the family of the writ petitioner was ex-communicated from the village and nobody from the village has visited her house to mourn the death of her husband. They are not allowed to conduct prayer in the Church. Therefore, action is sought against the respondents 5 to 8.

_________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P(MD).No.9701 of 2020

3. The learned counsel appearing for the respondent made a submission that during the year 2020, the petitioner's husband died. Due to lock down, the villagers have not attended the funeral function. Further, now, there is no hindrance for the family of the petitioner to conduct prayer in the Church. The said submission is recorded.

4. In such view of the matter, this Court is of the view that no further order is required. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

31.03.2022 ssb Index:Yes/No Internet:Yes/No _________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P(MD).No.9701 of 2020 To

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Collectorate Building, Nagercoil.

3.The Superintendent of Police, Kanyakumari District, Nagercoil.

4.The Inspector of Police, Kottar Police Station, Kottar, Nagercoil.

_________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P(MD).No.9701 of 2020 N. SATHISH KUMAR, J.

ssb W.P(MD).No.9701 of 2020 31.03.2022 _________ Page 6 of 6 https://www.mhc.tn.gov.in/judis