W.P.No.2352 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.03.2025 CORAM THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.2352 of 2025 C.Madesh ... Petitioner vs. 1. The District Collector, and Inspector of Panchayats, Krishnagiri District, Office of the Collectorate, Krishnagiri. 2. The Assistant Director(Panchayats), O/o.The District Collector, Krishnagiri District, Krishangiri. 3. The Sub-Collector/Revenue Divisional Officer, Krishnagiri Revenue Divsion, Krishnagiri, Krishnagiri District. 4. The Tahsildar, Pochampalli Taluk, Krishnagiri District. 5. The Block Development Officer, Village Panchayat, Bargur Panchayat Union, Bargur, Krishnagiri District. 6. The Village Administrative Officer, Veppalampatti Village, Pochampalli Taluk, Krishnagiri District 635 206. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.2352 of 2025 7. The Village Panchayat President, Veppalampatti Village, Pochampali Taluk, Krishnagiri District 635 206. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to take appropriate action against the illegal burial in Survey No.678, measuring an extent of 94 cents, situated at Vappalampatti Village, Pochampali Taluk, Krishnagiri District, based on the representation of the petitioner dated 03.01.2025. For Petitioner : Mr.A.Tamilarasan For R1 to R4 & R6 : Mr.S.J.Mohamed Sathik Govt.Advocate. For R5 &R7 : Mr.T.Chezhiyan Addl.Govt.Pleader ORDER The present writ petition has been filed to direct the respondents to take appropriate action against the illegal burial in Survey No.678, measuring an extent of 94 cents, situated at Vappalampatti Village, Pochampali Taluk, Krishnagiri District, based on the representation of the petitioner dated 03.01.2025. 2. It is the case of the petitioner that he is heaving agricultural lands in 2/6 https://www.mhc.tn.gov.in/judis W.P.No.2352 of 2025 Survey Nos.660/2B1, 661/2A1 and 677/2A to an extent of 0.12.93 Hectares situated at Vappalampatti Village, Pochampalli Taluk, Krishnagiri District. A common public well is situated in Survey No.675 which is adajacent to his lands. The said well is being used by the Villagers for their drinking water purpose. There are grove land of conconut trees and tamarin trees for several decades, their villagers have been farming in Survey No.678. The said villagers are illegally trying to use the said grove land in Survey No.678 as burial ground. On 14.12.2024, one body trying to buried by the said villagers in Survey No.678 and the same waas prevented by him and his villagers. But, the respondents 4 to 7 with the help of police illegally buried the body in the said survery number is very close to the common well and also within 65 metres from the residential area. Therefore, his villagers sent a representation dated 19.09.2024 to the respondents to take action against the illegal burial of the body in Survey No.678. They are farming in their lands for several decades which is adjacent to the said survey number. Therefore, the petitioner sent a representation dated 03.01.2025 to the respondents to take appropriate action against the illegal burial in the said survey numnber restrained the respondents 4 to 7 to reclassify the land in the said survey number as burial ground. However, there was no action taken by the said respondents till date. Hence, the 3/6 https://www.mhc.tn.gov.in/judis W.P.No.2352 of 2025 petitioner has come forward with the present writ petition. 3. The learned Government Advocate appearing for the respondents 1 to 4 and 6 submitted that the first respondent District Collector, sanctioned the Land and Pathway for the burial ground for the persons belonging to the scheduled caste Community vide proceedings Na.Ka.31632/2024/H3 dated 25.01.2025 and the relevant portion of the said proceedings reads as under:- "Nkw;fz;l epge;jidfspd; mbg;gilapy; fpU zfphp khtl;lk; Nghr;rk;gs;sp tl;lk;> ehfurk;gl;o cs;tl;lk;> ntg;ghyk;gl;b> fpuhk Gy vz;.678-y; ncwf;Nlh; tp jPh;zk; 0.389.00 ncwf;Nlh; Njhg;g Gwk;Nghf;F epyj;jpy; 0.17.76 ncwf;Nlh; epyj;jpid ntg;ghykgl;b Mjpjpuhtplh; ,dkf;fSf;F kahdk; mikf;fTk;> 0.16.20 ncwf;Nlh; epyj;jpid njhg;gbFg;gk; Mjpjpuhtplh; ,d kf;fSf;F kahdk; mikf;fTk;> 0.04.04 ncwf;Nlh; epyj;jpid ghijahfTk; Mf nkhj;j tp jPh;zk; 0.38.00 ncwf;Nlh; epyj;jpid ghijahfTk; Mf nkhj;j tp jPh;zk; 0.38.00 ncwf;Nlh; epyj;jpid epyf;fpuakpd;wp epyj;ij Nfl;G Jiwf;F xg;gilj;Jtpl;L mjd; tptuj;jpidAk;> fpuhk fzf;Ffspy; khWjy;fs; nra;ag;gl;ljd; tpguj;jpidAk;> ,t;tYtyfj;jpw;F njhptpf;FkhW Nghr;rk;gs;sp tl;lhl;rpaUf;F cj;jutplg;gLfpwJ." 4. Heard both sides and also perused the materials available on records. 5. A perusal of the records would show that this writ petition has filed only for mandamus to take appropriate action against the illegal burial in 4/6 https://www.mhc.tn.gov.in/judis W.P.No.2352 of 2025 Survey No.678 measuring an extent of 94 cents situated at Vappalampatti Village, Pochampalli Taluk, Krishnagiri District and while the said writ petition is pending, the first respondent, District Collector has sanctioned vide proceedings Na.Ka.31632/2024/H3 dated 25.01.2025, the Land and the pathway for burial ground for the people belonging to the schedule caste along with the pathway for the same. 6. In view of the above, nothing survives in this writ petition. Hence, this writ petition stands dismissed. However, liberty is given to the petitioner to challenge the proceedings of the first respondent, District Collector dated 25.01.2025 in the manner known to law. No costs. 07.03.2025 Index : Yes/No. Internet : Yes/No. Neutral Citation : Yes/No Speaking : Non-speaking Order kkd J.SATHYA NARAYANA PRASAD,J. kkd To 1. The District Collector, 5/6 https://www.mhc.tn.gov.in/judis W.P.No.2352 of 2025 and Inspector of Panchayats, Krishnagiri District, Office of the Collectorate, Krishnagiri. 2. The Assistant Director(Panchayats), O/o.The District Collector, Krishnagiri District, Krishangiri. 3. The Sub-Collector/Revenue Divisional Officer, Krishnagiri Revenue Divsion, Krishnagiri, Krishnagiri District. 4. The Tahsildar, Pochampalli Taluk, Krishnagiri District. 5. The Block Development Officer, Village Panchayat, Bargur Panchayat Union, Bargur, Krishnagiri District. 6. The Village Administrative Officer, Veppalampatti Village, Pochampalli Taluk, Krishnagiri District 635 206. 7. The Village Panchayat President, Veppalampatti Village, Pochampali Taluk, Krishnagiri District 635 206. W.P.No.2352 of 2025 07.03.2025 6/6 https://www.mhc.tn.gov.in/judis