Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 9109 (MAD)

RAJA v. THE DISTRICT COLLECTOR

WP/47947/2025 · 2026-07-22

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 47947 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 47947 of 2025 Raja ..Petitioner Vs 1. The District Collector, Office of the District Collector, Krishnagiri-635 115. 2. The District Revenue Officer, Office of the DRO, Krishnagiri-635 115. 3. The Tahsildar, Office of Tahsildar, Pochampalli-635 206. 4. The Inspector of Police, Mathur Police Station, Mathur, Batrahalli, Krishnagiri-635 203. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents to effect removal of the buried and cremated remains from the Patta land in Survey Nos. 655/1A and to ensure police protection while restoring fencing and boundaries, considering the petitioner’s representation dated 21.11.2025. For Petitioner: Mr.M.Venkatesh For Respondents: Mr.B.Pachaiyappan, Government’s Counsel for R1 to R3 Mr.Durai Gunasekaran, Government’s Counsel (Crl.Side) for R4 https://www.mhc.tn.gov.in/judis WP No. 47947 of 2025 __________ Page2 of 5 ORDER This writ petition has been filed to direct the respondents to consider the petitioner’s representation dated 21.11.2025. 2.Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the property measuring 6.50 acres, comprised in Survey Nos. 655/1A, 656/1, 656/2, 656/3, 665/1, and 666/1, situated at Malayandahalli Village, Pochampalli Taluk, Krishnagiri District. He further submits that on 22.10.2025, a group of local villagers unlawfully trespassed into the petitioner's property and forcefully conducted the cremation of a deceased person without his knowledge or consent. Aggrieved by this, the petitioner lodged a formal complaint before the Mathur Police Station, which was registered as C.S.R. No. 419/2025. Subsequently, the petitioner applied to the Tahsildar for a survey of the property. The Tahsildar conducted the field survey and submitted an official report, which explicitly confirms that the illegal burial took place inside the petitioner's patta land. Hence, seeking removal of the encroachment and protection for his property, the petitioner submitted a detailed representation to the respondents on 21.11.2025. However, the said representation has not been considered till date. Hence, this petition. https://www.mhc.tn.gov.in/judis WP No. 47947 of 2025 __________ Page3 of 5 3. Mr.B.Pachaiyappan, learned Government’s Counsel accepts notice on behalf of respondents 1 to 3 and Mr.Durai Gunasekaran, learned Government’s Counsel (Crl.Side) accepts notice on behalf of 4th respondent. Mr.B.Pachaiyappan, learned Government’s Counsel submitted that the petitioner’s representation dated 21.11.2025 will be considered within a period of sixteen weeks. 4. Heard the learned counsel on either side and perused the materials available on record. 5. Considering the limited relief sought by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondents to dispose of the petitioner’s representation dated 21.11.2025, on merits and in accordance with law, after issuing due notice and affording an opportunity of personal hearing to the petitioner and other aggrieved parties, if any, within a period of sixteen (16) weeks from the date of receipt of a copy of this order. In the event any obstructions created by the third parties, the respondents are at liberty to request for police protection before jurisdictional police. If any such request is made, the jurisdictional police is directed to provide adequate police protection to ensure the peaceful marking of boundaries, fixation of boundary stones and the removal of the cremated remains. https://www.mhc.tn.gov.in/judis WP No. 47947 of 2025 __________ Page4 of 5 With the aforesaid direction, this writ petition stands disposed of. No costs. 22-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VM To 1. The District Collector, Office of the District Collector, Krishnagiri-635 115. 2. The District Revenue Officer, Office of the DRO, Krishnagiri-635 115. 3. The Tahsildar, Office of Tahsildar, Pochampalli-635 206. 4. The Inspector of Police, Mathur Police Station, Mathur, Batrahalli, Krishnagiri-635 203. https://www.mhc.tn.gov.in/judis WP No. 47947 of 2025 __________ Page5 of 5 KRISHNAN RAMASAMY, J. VM WP No. 47947 of 2025 22-07-2026 https://www.mhc.tn.gov.in/judis