Tamil Nadu - Madurai   

High Court Bench disposes of PIL on cemetery land

Staff Reporter

Site handed over to Roman Catholic Diocese before Independence

MADURAI: The Madurai Bench of the Madras High Court on Thursday disposed of a public interest litigation pertaining to the ownership of 48, 858 square feet of cemetery land, handed over to the Roman Catholic Diocese before Independence, near Periyar bus stand here.

Observing that the Diocese had filed a civil suit before the First Additional District Court here claiming title over the property, a Division Bench comprising Justice P.K. Misra and Justice A.R. Ramalingam said: "Hence, it is not necessary for us to decide the question raised in the present petition."

Earlier, during arguments, senior counsel K. Chandru, appearing for the Diocese, claimed that the Board of Revenue, a superior body than the District Collector, had granted permission to the Diocese for constructing a community hall in the disputed site.

But, in his counter affidavit, filed on September 8, the Deputy Secretary, Revenue Department, had stated that the cemetery site belonged to the Government and the Collector had initiated action to reoccupy the lands since the Diocese violated certain conditions.

Recalling the proceedings, which led to the alienation of the Government lands to the Diocese, he said initially lands situated in three different survey numbers 1876/1A, 811/1 and 556, totally measuring one acre and 29,630 square feet, were handed over to the Diocese on March 12, 1935, subject to certain conditions. Subsequently, another land in survey number 1876/3, measuring 6,970 square feet, was also granted.

But, as per conditions laid out during alienation, the lands should be used for maintenance of existing cemeteries and the Diocese should not construct any building, the Deputy Secretary said. The Government had the powers to reoccupy the lands if any of the conditions was infringed, he said and added that recently the Diocese had started construction works in the site. Hence, a show cause notice had been issued to the Diocese.

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