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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C). No.

/2018.

Abdul Majeed

Petitioner V/s.

District Collector,Thrissur & others

Respondents

Synopsis 1.This Writ Petition has been filed by the petitioner mainly seeking direction to the second respondent to take action on Ext P representation seeking to release of dead body of One E.C Simon Master @

Mohammed Haji

for burial in accordance with Islamic

rites.Petitioner is the President of Kara Kathiyalam Mahal Jama –ath Committee, Kodungallur. 2.The grievance of the petitioner of the pertains to the burial of dead body of One E.C Simon @vMohammed Haji,a school teacher by profession. The deceased was a Bible scholar who had embraced Islam religion long back and was having indepth knowledge in Quaran.The deceased accepted the name as E.C Mohammed, after embracing Islam, he performed Hajj and thereafter he was known as Mohammed Haji.As stated above ,after embracing Islam, the deceased was following Islamic religious life and joined as a member of the Mahal Committee. 3.While so on 8/9/2000,the deceased had sworn Ext P1 document expressing his desire to have the burial of his dead body at Kabarsthan of Kara Kathiyalam Mahal Jama –ath ,as per Islamic rites.Facts being so on 27/1/2018,while undergoing treatment at Gouri Sankar Hospital,Sri E.C Simon ,died at the age of 87 years. 4.It is also pointed out that ,while he was undergoing treatment ,he has developed loss of memoery and taking advantage of the situation,the party respondents/wife and children had fraudulently obtained Ext P2 consent expressing his desire to contribute his dead body to Thrissur Medical College.It is relevant to note that Ext P2 is a sham document prepared by the party respondents, while the deceased was undergoing treatment and was having loss of memory and the signature as well as

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the hand writing are different from Ext P1.Now the dead body is under the possession of respondent. 5.Immediately on transfer of corpus to the Thrissur Govt Medical College,the petitioner has submitted Ext P3 and P4 complaint to the first respondent seeking immediate intervention in to the matter.But o afr no action taken in the matter.Hence this Writ Petition.

Dated this the 2nd day of February B.H.Mansoor. Counsel for Petitioner.

2017.

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C) No.

Of

2018

Petitioner Abdul Majeed, President, Kara Kathiyalam Mahal Jama –ath Committee, Kodungallur V/s

Respondents: 1.District Collector, Civil Station,Thrissur, 2.Principal, Govt Medical College, Thrissur, 3,Superintendent, Govt Medical College hospital, Thrissur, 4.Mary,w/o Simon, Elenjickal house, P.O Kara, Thrissur, 5.Johnson, S/o Simon, Elenjickal house, P.O Kara,Thrissur , 6.Jessy, D/o Simon, Elenjickal house, P.O Kara,Thrissur , 7.Beatrice, D/o Simon,

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Elenjickal house, P.O Kara,Thrissur

WRIT PETITION (CIVIL) FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (i).Address for the service of the petitioner is that of his counsel Rajiv Nambisan

,Mansoor.B.H.

and

Ansil.B.H.

Advocates,

Neethibagh.

Kaloor.Kochi. Address for the service of the respondents are as shown above or that of their counsel as and when engaged.

STATEMENT OF FACTS. 1.This Writ Petition has been filed by the petitioner mainly seeking direction to the first respondent to take action on Ext P representation seeking to release of dead body of One E.C Simon Master @ Mohammed Haji for burial in accordance with Islamic rites. 2.Petitioner is the President of Kara Kathiyalam Mahal Jama –ath Committee, Kodungallur.The grievance of the petitioner of the pertains to the burial of dead body of One E.C Simon @ Mohammed Haji ,a school teacher by profession. The deceased was a Bible scholar who had embraced Islam religion long back and was having indepth knowledge in Quaran.The deceased accepted the name as E.C Mohammed, after embracing Islam, he performed Hajj and thereafter he was known as Mohammed Haji. 3.It is further submitted that as stated above ,after embracing Islam, the deceased was following Islamic religious life and joined as a member of the Mahal Committee. While so on 8/9/2000,the deceased had sworn a document expressing his desire to have the burial of his dead body at Kabarsthan of Kara Kathiyalam Mahal Jama –ath ,as per Islamic rites. Copy of the document dated 8/9/2000 sworn by the deceased E.C Simon is produced here with and marked as Exhibit P1. 4,Facts being so on 27/1/2018,while undergoing treatment at Gouri Sankar Hospital,Sri E.C Simon ,died at the age of 87 years.It is also pointed out that ,while he was undergoing treatment ,he has developed loss of memory and taking advantage of the situation,the party

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respondents/wife and children had fraudulently obtained a consent expressing his desire to contribute his dead body to Thrissur Medical College.Copy of the Consent dated 9/12/2017 executed by Late E.C Simon is produced here with and marked as Exhibit P2. 5.It is relevant to note that Ext P2 is a sham document prepared by the party respondents, while the deceased was undergoing treatment and was having loss of memory and the signature as well as the hand writing are different from Ext P1.Now the dead body is under the possession of respondent. 6.It is submitted that ,immediately on transfer of corpus to the Thrissur Govt Medical College,the petitioner has submitted a complaint to the official respondent seeking immediate intervention in to the matter.True copy of the complaint submitted by the petitioner dated 29/1/2018 before the first respondent is produced herewith and marked as

Exhibit P3.On receipt of Ext P3,the first respondent forwarded the same to the third respondent for further action in the matter. Petitioner has also submitted similar complaint to the fourth respondent.True copy of the complaint submitted by the petitioner dated 29/1/2018 before the third respondent is produced herewith and marked as

Exhibit P4. 7.It is submitted that As per Islamic rites, as and when a muslim dies in whatever manner, his dead body has to be buried (Khaber) after performing the customs and rites of the Muslim community. Otherwise,it will be a sin not only to the family of the deceased but as well as the entire community. Therfore it is the responsibility of the petitioner to conduct

burial after performing Islamic religious

rites.Though Exts P3 and P4 are submitted,the official respondents so far has not taken any action in the matter.Being left with no other remedy petitioner is approaching this Hon’ble court under Art.226 of the Constitution of India on the following among others; GROUNDS 1.Inaction on the part of the official respondents in taking proper action on Ext P3 and P4 is highly illegal and arbitrary warranting interference of this Hon’ble Court.

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2.It is relevant to note that

the contents of

Ext P2 discloses

the

fraudulent intention of party respondents to defeat the purpose of Ext P1 and the same is a sham document ,prepared while the deceased loss his memory and mentally incapable for taking a free decision. 3.As per Islamic rites, as and when a muslim dies in whatever manner, his dead body has to be buried (Khaber) after performing the customs and rites of the Muslim community. Otherwise,it will be a sin not only to

the

family

of

the

deceased

but

as

well

as

the

entire

community.Therfore it is the responsibility of the petitioner to conduct burial after performing Islamic religious rites. 4.The official respondents are duty bound to take action on Ext P3 and P4,Since there is dispute with regard to the execution of Ext P1 and P2 documents. PRAYER Hence it is humbly prayed that this hon’ble court may be pleased to: 1.Issue a writ of mandamus or any other writ order or direction commanding the first respondent to take action on Ext P 3 representation seeking to release of dead body of One E.C Simon Master @ Mohammed Haji for burial in accordance with Islamic rites. 3. Issue such other appropriate writ order or direction as this hon’ble court deems fit and proper in the facts and circumstances of the case. Petitioner.

INTERIM RELIEF For the reasons stated in the Writ petition and in the accompanying affidavit it is most humbly prayed that this Hon’ble Court may be pleased to direct the respondents 2 and 3 not to use the body of E.C deceased Simon Master @ Mohammed Haji for anatomical examination and to preserve the same pending final disposal of this Writ Petition .

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Dated this the 2nd day of February

2018.

B.H Mansoor. Counsel for the petitioner.

BEFORE THE HONOURABLE HIGH COURT OF KERALA W.P.(C). No.

of 2018

Abdul Majeed

Petitioner V/s.

District collector,Thrissur & others

Affidavit

Respondents

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I Abdul Majeed,aged 63 years,

S/o Mammu residing at

Parakottu

house,P.o.Kara,edavilangu,Thrissur, President, Kara Kathiyalam Mahal Jama –ath Committee,Kodungallur , do hereby solemnly affirm and state as follows: 1. I am the petitioner in the companion Writ Petition and I know the facts of the case and I am competent to swear this affidavit. 2. The statements of facts contained in the accompanying Writ Petition are true to the best of my knowledge, information and belief. The documents produced along with are true copies of the original documents. 3. The statements of law in the accompanying Writ Petition are made on the advice of my counsel. 4. I have not filed any petition earlier seeking similar relieves. What is stated above is truth and nothing but truth. Dated this the 2nd day of February

2018 at Ernakulam.

Deponent Solemnly affirmed and signed before me by the deponent on this the of February

2nd

day

2018 in my office at Ernakulam. B.H. Mansoor Counsel for the Petitioner

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C). No.

of 2018

Abdul Majeed

Petitioner V/s.

District Collector,Thrissur & others

Respondents

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INDEX Sl.No.

Particulars

Page Nos. A-B

1

Synopsis

2

Memorandum of Writ Petition

3

Affidavit

Exhibit P1:Copy of the document

4

dated

8/9/2000

sworn

by

the

deceased E.C Simon. Exhibit P2: Copy of the Consent dated 5 6

9/12/2017 executed by Late E.C Simon. Exhibit

P3:

True

copy

of

the

complaint submitted by the petitioner dated 29/1/2018 before the first 7

respondent . Exhibit P4:True copy of the complaint submitted by the petitioner dated 29/1/2018

before

the

fourth

respondent Dated this the 2nd day of February 2018.

B.H.Mansoor. Counsel for the Petitioner

Filed on :2/2/2018. Subject:Miscellaneous-Kerala Anatomy Act 1957-seeking direction to the first respondent to take action on Ext P 3 representation seeking release of dead body of One E.C Simon Master @ Mohammed Haji for burial in accordance with Islamic rites

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C). No.

of 2018

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Abdul Majeed

Petitioner V/s.

District Collector,Thrissur & others

Respondents

MEMORANDUM OF WRIT PETITION (CIVIL) FILED UNDER ARTICLE 226 OF THE INDIAN CONSTITUTION

Rajiv Nambisan(R:761 ) B.H. Mansoor (M-745) Counsel for the Petitioner.

APPENDIX. PETITIONERS EXHIBITS.

Exhibit P1:Copy of the document dated 8/9/2000 sworn by the deceased E.C Simon.

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Exhibit P2: Copy of the Consent dated 9/12/2017 executed by Late E.C Simon. Exhibit P3: True copy of the complaint submitted by the petitioner dated 29/1/2018 before the first respondent . Exhibit P4:True copy of the complaint submitted by the petitioner dated 29/1/2018 before the fourth respondent