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2025 DAILYLAW 40566 (MAD)

N.SANTHI v. THE DISTRICT COLLECTOR

WP/11467/2025 · 2025-04-01

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.11467 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.11467 of 2025 N.SANTHI ... Petitioner Vs 1. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, ERODE. 2. THE DISTRICT REVENUE OFFICER, ERODE DISTRICT, ERODE. 3. THE REVENUE DIVISIONAL OFFICER, ERODE, ERODE DISTRICT. 4. THE THASILDAR, KODUMUDI TALUK, ERODE DISTRICT. 5. THE DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, CONSTRUCTION AND MAINTENANCE, ERODE DISTRICT. 6. THE ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, CONSTRUCTION AND MAINTENANCE, PERUNDURAI, ERODE DISTRICT. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents No. 1 to 5 to prevent the illegal burial of corpses in the state highway property situated alongside 1/6 https://www.mhc.tn.gov.in/judis W.P.No.11467 of 2025 the petitioner's property in R.S.No.100/3A in Aayikavundanpalayam village, PerunduraiTaluk, Erode District by considering the petitioner representation dated 17.02.2025. For Petitioner : Mr.S.Arunprasath For R1 to R4 : Mr.R.Murthi Government Advocate For R5 & R6 : Mr.V.P.R.Elamparithi Additional Government Pleader ORDER This writ petition is filed to direct respondents 1 to 5 to prevent the illegal burial of corpses in the state highway property situated alongside the petitioner's property in R.S.No.100/3A in Aayikavundanpalayam village, Perundurai Taluk, Erode District by considering the petitioner representation dated 17.02.2025. 2. It is that contention of the learned counsel appearing for the petitioner that even though there are designated burial grounds in the village, the villagers are willfully burying corpses on the disputed land. 3. When the matter came up for admission, the learned Additional Government Pleader appearing for the respondents 5 and 6 would submit that 2/6 https://www.mhc.tn.gov.in/judis W.P.No.11467 of 2025 the state highways department have already been alerted in the matter and strict steps will be taken to prevent the villagers from burying the corpses in the highway property. Notices will be prominently displayed in the area to educate the public about the legal consequences of such actions. 4. In view thereof, this writ petition is disposed of on the following terms: (i) The sixth respondent shall place a board in the concerned property that the land belongs to highways and no burial shall be made in the said property. (ii) The fourth respondent – the Tahsildar, shall instruct the concerned Village Administrative Officer to keep a vigil through himself and also through the Village Assistant and other servants at the Panchayat level. As and when any death occurs, they shall promptly instruct the villagers to bury the bodies only in the designated burial grounds and comply with the directions issued by the Hon'ble Full Bench of this Court in Jagadheeswari and other versus B.Babu Naidu and others (2023 4 MAD LJ 769). (iii) As and when any request is made by the Village Administrative Officer or any servant of the village, the jurisdictional Inspector of police, 3/6 https://www.mhc.tn.gov.in/judis W.P.No.11467 of 2025 Perundurai Police Station will immediately grant protection to ensure that the bodies are buried only in the designated burial grounds. 5. With the above direction, this writ petition stands disposed of. No costs. 01.04.2025 Neutral Citation: Yes/No nsl To 1. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, ERODE. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.11467 of 2025 2. THE DISTRICT REVENUE OFFICER, ERODE DISTRICT, ERODE. 3. THE REVENUE DIVISIONAL OFFICER, ERODE, ERODE DISTRICT. 4. THE THASILDAR, KODUMUDI TALUK, ERODE DISTRICT. 5. THE DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, CONSTRUCTION AND MAINTENANCE, ERODE DISTRICT. 6. THE ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, CONSTRUCTION AND MAINTENANCE, PERUNDURAI, ERODE DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.11467 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.No.11467 of 2025 01.04.2025 6/6 https://www.mhc.tn.gov.in/judis