W.A.(MD)No.1843 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1843 of 2025 and C.M.P.(MD)No.10435 of 2025 D.Kennedy ... Appellant Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Commissioner, Corporation of Tirunelveli, Corporation Office, Tirunelveli District. 3.The Social Welfare Officer, District Social Welfare Office, District Collector's Office, Tirunelveli District 627 009. 4.The Superintending Engineer, Public Works Department (Construction), Water Tank Road, Tirunelveli District - 627 002. 5.REV.A.H.L. Billy ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1843 of 2025 Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.16441 of 2017 dated 27.01.2025 on the file of this Court. For Appellant : Mr.T.Lajapathy Roy, Senior Counsel, For Mr.V.Rajiv Rufus. For Respondents : Mr.A.Kannan, Addl. Govt. Pleader for R1, R3, & R4. JUDGMENT (By G.R.SWAMINATHAN, J.) Heard both sides. 2.The appellant wants this Court to forebear the authorities from constructing a hostel for girls belonging to socially and economically backward classes. According to the writ petitioner, the proposed construction is located within the prohibited distance from a cemetery. The learned Single Judge vide order dated 27.01.2025 dismissed the writ petition. 3.The question that calls for consideration is whether in this writ appeal, the order of the learned Single Judge deserves to be interfered 2/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1843 of 2025 with. It is true that in the laws relating to local bodies, there are restrictions regarding putting up new construction within the prohibited distance from a graveyard/cremation ground. Such restrictions are justifiable for considerations of public health. In the case on hand, the cemetery in question is not a place where dead bodies continued to be buried. The subject cemetery houses the tombs of certain historical figures including the much reviled Ashe. He was a British civil servant who was assassinated by Vanchinathan who has since passed into immortality and legend. In the cemetery, what are interred are mostly the bodies of personalities who associated themselves with the colonial regime. The claim of the appellant that this cemetery will instill patriotism is ironic and laughable. The place, if at all, is of some historical importance. If a building is put up in the vicinity, there is zero chance of any public health hazard. There is no danger to the cemetery also. Both can coexist. 4.We cannot lose sight of the fact that the building is for the purpose of housing girls belonging to the backward communities. The public purpose has to be borne in mind. In no way, the right of the 3/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1843 of 2025 petitioner stands infringed. The learned Single Judge was right in dismissing the writ petition. We do not find any ground to interfere with the order of the learned Single Judge. 5.The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 10.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias/SKM To: 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Commissioner, Corporation of Tirunelveli, Corporation Office, Tirunelveli District. 3.The Social Welfare Officer, District Social Welfare Office, District Collector's Office, Tirunelveli District 627 009. 4/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1843 of 2025 4.The Superintending Engineer, Public Works Department (Construction), Water Tank Road, Tirunelveli District - 627 002. 5/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1843 of 2025 G.R.SWAMINATHAN, J. and K.RAJASEKAR, J. ias/SKM W.A.(MD)No.1843 of 2025 10.07.2025 6/6 https://www.mhc.tn.gov.in/judis