ABDUL MAJEED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of release of body of deceased E.C. Simon Master, donated by his wife and children to the Government Medical College Hospital, Thrissur, to the petitioners or the 11th respondent for burial in accordance with the Islamic rights and practices. Since the writ petitions are materially connected and the relief sought for are typical in nature, I propose to deliver a common judgment. The facts recited in W.P.(C) No.4674 of 2018 are relied upon in order to dispose of the writ petitions. The decision taken in this writ petition will apply to the other writ petition also.

(2.) Petitioners are friends of E.C. Simon Master @ E.C. Muhammed Haji, who passed away on 27.01.2018. Eleventh respondent therein is the Juma'ath. According to the petitioners, Simon Master was a Muslim and had expressed his desire to the petitioners that his mortal remains is to be buried according to Islamic religious practice in the graveyard of the 11th respondent. It is also stated that, late Simon Master has expressed his desire in writing as per Ext.P4 on 08.09.2000 to do so, in which his children have signed as witnesses, which document is produced as Ext.P1 in the connected writ petition. Simon Master died on 27.01.2018 while undergoing treatment in a hospital, at the age of 87 years. The wife and children of Simon Master have taken his body to Government Medical College Hospital, Thrissur and donated the body to the hospital for educational purpose of the students of the said institution. It is also stated that, it is done accordingly on the basis of Ext.P8 wish expressed by him in writing in a 100 Rs. stamp paper, wherein also, the wife and children of Simon Master are witnesses.

(3.) According to the petitioners, Ext.P8 is a concocted document, since Simon Master has expressed his wish already as per Ext.P1 document in the connected writ petition, to bury the body in accordance with the Islamic rites, as early as on 08.09.2000. Other circumstances are also put forth by the petitioners to point out that Simon Master lived as a Muslim and he has written various articles with respect to the religious practices in Muslim community and his experiences, which are produced as Exts.P1 and P2 alleged to be reported in different journals/publications.