WP No. 32685 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-08-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA WP No. 32685 of 2025 1. D.Jayanthi W/o. Dakshina Moorthy, 10/7, Amsa Kovil Kattukottai, R.Pudupatti Post, Rasipuram Taluk, Namakkal District Petitioner(s) Vs 1. The District Collector Namakkal, Namakkal District 2.The Revenue Divisional Officer Namakkal, Namakkal District 3.The Tahsildar Rasipuram Taluk, Namakkal District 4.The Block Development Officer Rasipuram , Namakkal District 5.The Secretary Town Panchayat, R.Pudupatti , Rasipuram Taluk, Namakkal District Respondent(s) 1 https://www.mhc.tn.gov.in/judis WP No. 32685 of 2025 PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 3 to 5 to survey and erect a fencing over burial ground located in Survey No. 159/5 an extent of 0.34.5 Hec. at R.Pudupatti Village, Rasipuram Taluk, by implementing the order of 2nd respondent dated 3.12.2019 and considering the petitioners representation dated 12.03.2025. For Petitioner(s): Mr.M.Elango For Respondent(s): Mrs.C.Meera Arumugam, Agp For Respdts. ORDER (1)Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents. With the consent of both the learned counsels, the main writ petition is taken up for final disposal at the admission stage itself. (2)The writ petition is filed for a mandamus directing the respondents 3 to 5 to survey and erect a fencing around burial ground located in Survey No. 159/5 an extent of 0.34.5 Hec. at R.Pudupatti Village, Rasipuram Taluk, by implementing the order of 2nd respondent dated 03.12.2019 and considering the petitioner's representation dated 12.03.2025. 2 https://www.mhc.tn.gov.in/judis WP No. 32685 of 2025 (3)The petitioner is the owner of the agricultural lands in S.Nos.159/1B and 159/2B at N.Pudupatti Village, Rasipuram Taluk, Namakkal District. The petitioner states that adjoining his aforesaid lands, on the Eastern side, a burial ground is situate in S.No.159/5 measuring an extent of 0.34.5 Hectares. While so, the villagers encroached upon the petitioner's lands by extending the said burial ground. The petitioner states that he submitted a representation on 04.11.2019, to the 2 nd respondent seeking survey of the burial ground and for erection of fence around the burial ground, so as to protect his lands from encroachment. Pursuant to the petitioner's representation dated 02.12.2019, the 2 nd respondent sent a communication on 03.12.2019, directing the 4 th respondent to conduct a survey of the burial ground and to fence the same by taking appropriate action. Since the 4 th respondent failed to comply with the 2 nd respondent's aforesaid communication, the petitioner was constrained to file the above writ petition for the aforesaid relief. (4)Heard both sides and perused the materials placed on record. 3 https://www.mhc.tn.gov.in/judis WP No. 32685 of 2025 (5)The communication of the 2 nd respondent dated 03.12.2019 reveals that a direction was issued to the 4 th respondent to survey the burial ground and to erect the fencing around the burial ground. Though the communication was issued as early as on 03.12.2019, till date, the 4 th respondent has not initiated any action. (6)In view of the said facts, this Court is inclined to direct the 4 th respondent to comply with the communication of the 2 nd respondent dated 03.12.2019, within a period of twelve weeks from the date of receipt of a copy of this order. (7)The writ petition is disposed of with the above direction. No costs. 28-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 4 https://www.mhc.tn.gov.in/judis WP No. 32685 of 2025 To 1.The District Collector Namakkal, Namakkal District 2.The Revenue Divisional Officer Namakkal, Namakkal District 3.The Tahsildar Rasipuram Taluk, Namakkal District 4.The Block Development Officer Rasipuram , Namakkal District 5.The Secretary Town Panchayat, R.Pudupatti , Rasipuram Taluk, Namakkal District 5 https://www.mhc.tn.gov.in/judis WP No. 32685 of 2025 N.MALA J. AP WP No. 32685 of 2025 28-08-2025 6 https://www.mhc.tn.gov.in/judis