Our Lady of Perpetual Hlp Church, v. The District Collector

Order [Order of the Court was made by S.M.SUBRAMANIAM, J.] The present Writ Petition has been filed seeking a direction

to Respondents

to

5 to

remove illegal encroachments and to consider the Petitioner's representations, dated 15.01.2020 and 04.08.2021, regarding the fencing of the burial ground situated at S.No.119/1 (0.1175.0 Sq.Mt) in Kondappanaickanpatty Village, Salem Taluk, Salem District, to ensure its use in a peaceful and prayerful atmosphere.

¶2The Learned Additional Government Pleader appearing for Respondents 1 to 5 would submit that burial of dead bodies for Catholics has already been provided by the competent authorities. If any obstruction is caused by a third person, the aggrieved party has to approach the competent authority or the jurisdictional police for the initiation of appropriate action for performing their last rites and burying the bodies. With these observations, this writ petition stands disposed of. No costs. [S.M.S., J.] [K.S, J.]

20.04.2026

mp Index: Yes Speaking Order/ Non-speaking order

S.M.SUBRAMANIAM, J. AND

K.SURENDER, J. mp To

¶1The District Collector, District Collector Office, Salem – 636 001.

¶2The Commissioner of Police, Salem City, The office of the Commissioner of Police Linemedu, Salem – 636 006.

¶3The Inspector of Police, Kannankurichi Police Station, Salem – 636 008.

¶4The Revenue Divisional Officer, Salem, Revenue Divisional Office, Sooramangalam, Salem – 636 302.

¶5The Tahsildar, Tahsildar Office, Hasthampatty, Salem – 636 007.

20.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.04.2026 CORAM: THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr. JUSTICE K.SURENDER Our Lady of Perpetual Help Church, Rep. By its Parish Priest, Fr.A.Alex Prabhu, Chinnakollapatti, Periyar Nagar, Salem – 636 008. ...Petitioner Vs. 1. The District Collector, District Collector Office, Salem – 636 001. 2. The Commissioner of Police, Salem City, The office of the Commissioner of Police Linemedu, Salem – 636 006. 3. The Inspector of Police, Kannankurichi Police Station, Salem – 636 008. 4. The Revenue Divisional Officer, Salem, Revenue Divisional Office, Sooramangalam, Salem – 636 302. 5. The Tahsildar, Tahsildar Office, Hasthampatty, Salem – 636 007. 6. Swamynathan, S/o.Karumalai. 7. R.B.Babu, S/o.Paramasivam 8. L.Raghu @ Raghunathan, S/o.Loganathan 9. Susindaran, H/o. Sulochana ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st to 5th respondents herein to remove the illegal encroachments and to consider and dispose of the representation of the petitioner dated 15.01.2020 and 04.08.2021 for putting up fencing of the demised burial ground and for its use in a peaceful and prayerful atmosphere for the burial of the deceased of the petitioner parish in S.No.119/1 0.1175.0 Sq.Mt at Kondappanaickanpatty Village, Salem Taluk, Salem District within a stipulated time as may be fixed by this Court. For Petitioner : Mr.Hadley.D. for Mr.I.Arokiasamy For Respondents : Mr.T.Arunkumar, Additional Government Pleader [R1 to R5] No appearance [R6 to R8] Mr.K.Selvaraj [R9]