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2022 DAILYLAW 4293 (MAD)

J.Mohan Babu v. the district collector

WP/5833/2022 · 2026-04-15

Krishnan Ramasamy

Transfer Petitionbody2022

Judgment text

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WP No. 5833 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 5833 of 2022 AND WMP NO. 5923 OF 2022 J.Mohan Babu S/o. J.Baskar, D.No. 1/136, Dwaragapuram Village, EMR Kandigai Post, Vanaganur via , Krishnamarajakuppam panchayat, Pallipattu Taluk, Thiruvallur Dt- 631 304 Petitioner(s) Vs 1. The District Collector Collectorate, Thiruvallur , Thiruvallur District 602 001 2.The Revenue Divisional officer Tiruthani, Thiruvallur , Thiruvallur District 602 001 3.The commissioner of land administration land administration department, Ezhilagam , chepauk, chennai 05 4.The Thasildar R.K.Pet Taluk, Thiruvallur District 631 301 5.The Block Development Officer (BDO) R.K.Pet Taluk, Thiruvallur District 631 301 6.The Superintendent of Police Thiruvallur , Thiruvallur District 602 001 7.The Inspector of Police R.K Pet Police station ,R.K.Pet Taluk, Thiruvallur District 631 301 https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 8.The Inspector of police podaturpet police station, palliput taluk, Thiruvallur District 631 208 9.Mr. A.Nethaji S/o. Amsan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 10.Mr.S.Krishnan S/o. Subramani, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 11.A.Khalayan S/o. Aadigan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 12.N.Sundaram So. Nurasan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 13.S.Ganapathy S/o.Subramani, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 14.K.Elumalai S/o. Kannan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 15.K.Krishnan S/o. Kannan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 16.B.Sekar S/o. Balaraman, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 17.K.Singaran S/o. Kuppan, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 18.J.Ramesh S/o. James, G.C.S. Kandigai Colony (village), E.M.R. Kandigai (Post), Vanaganur , R.K.Pet Taluk, Thiruvallur District 631 304 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the Respondents 1 to 8 as to prevent any such burying of dead bodies by the respondents 9 -18 and others or to use the said Vandipathai or Road being the Government Land G.C.S. Kandigai Village, R.K.Pet Taluk, Thiruvallur in Survey No. 69 (Square 0.50 ares) for some other purpose For Petitioner(s): Mr.M.Kempraj For Respondent(s): Mr.C.Gowthamaraj, GA for R1 to 8 R9 to 18 No appearance ORDER This writ petition has been filed to direct the respondents 1 to 8 as to prevent any such burying of dead bodies by the respondents 9 -18 and others or to use the said Vandipathai or Road being the Government Land G.C.S. Kandigai Village, R.K.Pet Taluk, Thiruvallur in Survey No. 69 (Square 0.50 ares) for some other purpose. 2. The learned counsel for the petitioner would submit that in this case, the subject land at Survey No.69, is classified as “Vandipadhai”. However, the said land is utilised by the Dwaragapuram Villagers as burial ground for the https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 purpose of burying the dead bodies. In this regard, an objection was filed by the petitioner. In spite of the same, no steps have been taken by the official respondents. Hence, this petition. 3. In reply, the learned counsel for the official respondents would submit that subsequent to the receipt of petitioner's objection, the respondents had instructed the villagers not to bury the dead bodies in subject land and they had also made alternative arrangements and enabled the villagers to utilise the burial ground of Adi-Dravidar Colony for time being. Now, a proposal has been sent for allotment of separate burial ground for the Dwaragapuram Villagers. Hence, he requests this Court to pass appropriate orders. 4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record. 5. In the case on hand, the subject land at Survey No.69, is classified as “Vandipadhai”. However, the said land is utilised by the Dwaragapuram Villagers as burial ground. In this regard, an objection was filed by the petitioner. 6. Today, it was submitted by the official respondents that subsequent to the receipt of petitioner's objection, the respondent made alternative https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 arrangements and enabled the Dwaragapuram villagers to utilise the burial ground of Adi-Dravidar colony for time being. Further, it was submitted that now, a proposal has been sent for allotment of separate burial ground for the Dwaragapuram Villagers. 7. The above submissions made by the respondents is hereby recorded. From the said submissions, it is clear that the interest of the petitioner as well as the Dwaragapuram Villagers have been taken care by the respondent. Accordingly, the Authority concerned directed to allot a separate burial ground for Dwaragapuram villagers within a period of 4 months from the date of receipt of a copy of this order. Till then, the Dwaragapuram villagers shall utilise the burial ground of Adi-Dravidar Colony instead of subject land for the purpose of burying the dead bodies. 8. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 15-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 To 1.the district collector Collectorate, Thiruvallur , Thiruvallur District 602 001 2.The Revenue Divisional officer Tiruthani, Thiruvallur , Thiruvallur District 602 001 3.The commissioner of land administration land administration department, Ezhilagam , chepauk, chennai 05 4.The Thasildar R.K.Pet Taluk, Thiruvallur District 631 301 5.The block development officer (BDO) R.K.Pet Taluk, Thiruvallur District 631 301 6.The superintendent of police Thiruvallur , Thiruvallur District 602 001 7.The inspector of police R.K Pet Police station ,R.K.Pet Taluk, Thiruvallur District 631 301 8.the inspector of police podaturpet police station, palliput taluk, Thiruvallur District 631 208 https://www.mhc.tn.gov.in/judis WP No. 5833 of 2022 KRISHNAN RAMASAMY J. nsa WP No. 5833 of 2022 15-04-2026 https://www.mhc.tn.gov.in/judis