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2025 DAILYLAW 136414 (MAD)

Ananandan M v. The District Collector

WP(MD)/12171/2025 · 2025-08-05

S Srimathy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.12171 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.12171 of 2025 M.Ananandan ... Petitioner vs. 1. The District Collector, Pudukottai District, Pudukottai 2. The Revenue Divisional Officer, Pudukottai, Pudukottai District. 3. The Tahsildhar, Thirumayam Taluk, Pudukottai District. 4. The Block Development Officer(V.P), Thirumayam, Pudukottai District. 5. Thekkattur Village, Represented by its Special Officer, Thekkattur Village Panchayat, Thirumayam Taluk, Pudukottai District. 6. Durai Francis ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to permit the residents of Asai Nagar, Thekkattur Village to bury dead bodies, in the 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12171 of 2025 burial ground situated at arasu poramboke land comprised in Survey No.375/4, Thekkattur Village, Thirumayam Taluk, Pudukottai, by considering the representation dated 13.11.2024 given by the petitioner within the time limit fixed by this Court. For Petitioner : Mr.A.L.Kannan For R1 to R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 and R5 : Mr.M.Siddharthan Additional Government Pleader ***** ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to permit the residents of Asai Nagar, Thekkattur Village to bury dead bodies, in the burial ground situated at arasu poramboke land comprised in Survey No.375/4, Thekkattur Village, Thirumayam Taluk, Pudukottai, by considering the representation dated 13.11.2024 given by the petitioner within the time limit fixed by this Court. 2.The contention of the petitioner is that there is a burial ground in Survey No.375/4 to the extent of 0.86.0 hectares at Thekkattur Village which is classified as Anadheenam. The said land is being used as a burial ground by about thousand families of Ceylon Repatriate who are Hindus and Christians. However, the petitioner belongs to Pulivalam Village and the villagers in the Pulivalam 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12171 of 2025 Village are using the burial ground in SF.No.209/3 to the extent of 0.71.0 hectares and the same is classified as "kahdk; tz;bg; ghij". 3.The contention of the petitioner is that SF.No.209/0 kahdk; is far away and it is more than 1.5 kilometres distance. Therefore, the petitioner is seeking to consider his claim to bury in Survey No.375/4. 4.The 3rd respondent has filed a detailed counter affidavit stating that the Survey No.375/4 is a burial ground but it is classified as Anaadheenam and permission is granted to the colony inmates to use the same as a burial ground which is in Pudukottai District. However, Pulivalam is nearby and the villagers of Pulivalam is granted a separate kahdk; in SF.No.209/3 and the same is classified and notified as well. Therefore, in such circumstances, petitioner cannot seek any permission to use the burial ground which was specifically allotted to Ceylon Repatriate. 5.Considering the rival submissions, this Court is of the considered opinion that when already there is a burial ground for the Pulivalam Village inmates, then they cannot seek a separate burial ground, more so, when it is allotted to other group of people living in Thekkattur Village. Therefore, there is no merit in the writ petition. Hence, the writ petition is dismissed. There shall be 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12171 of 2025 no order as to costs. 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To: 1. The District Collector, Pudukottai District, Pudukottai 2. The Revenue Divisional Officer, Pudukottai, Pudukottai District. 3. The Tahsildhar, Thirumayam Taluk, Pudukottai District. 4. The Block Development Officer(V.P), Thirumayam , Pudukottai District. 5. The Special Officer, Thekkattur Village Panchayat, Thirumayam Taluk, Pudukottai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12171 of 2025 S.SRIMATHY , J. Tmg ORDER MADE IN W.P(MD)No.12171 of 2025 DATED :05.08.2025 5/5 https://www.mhc.tn.gov.in/judis