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2025 DAILYLAW 9316 (MAD)

T.DEEPAK v. THE DISTRICT COLLECTOR

WP/48781/2025 · 2026-08-18

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

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WP No. 48781 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-08-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 48781 of 2025 and WMP No.54475 of 2025 T.Deepak ..Petitioner(s) Vs 1. The District Collector Dharmapuri, Dharmapuri District. 2. The Tahsildar Harur Taluk, Dharmapuri District. 3. The Block Development Officer Harur Block Development Office, Dharmapuri District. 4. The Village Administrative Officer Nadupatti Village, Morappur Post, Harur Taluk, Dharmapuri District. 5. The Panchayat Secretary Nadupatti Village, Harur Taluk, Dharmapuri District. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents authorities to ensure the no burial or burning should took place in the land comprised in S.F.No.59/2A, situated at Nadupatti Village, Morappur Post, Harur Taluk, Dharmapuri District which is not a burial / burning ground under section 4 of the Tamil Nadu Village Panchayat (Provisions of Burial and Burning Ground) Rules 1999 and in accordance with decision rendered by the Full Bench of High Court of Madras in W.A. No.1037 of 2025 (Jagadeeshwari case). https://www.mhc.tn.gov.in/judis WP No. 48781 of 2025 __________ Page2 of 4 For Petitioner(s): Mr.D.Nandhagopal For Respondent(s): Mr.R.Nandhakumar, AGP ORDER The petitioner has approached this Court seeking a direction to the respondent authorities to ensure that no burial or burning of bodies takes place in the land comprised in S.F.No.59/2A, situated at Nadupatti Village, Morappur Post, Harur Taluk, Dharmapuri District. 2. The petitioner claims that the subject land originally belonged to his paternal grandfather and was gifted to the Panchayat for irrigation purposes for the benefit of the villagers. However, according to the petitioner, some persons in the village have been unauthorisedly using the land as a burial ground. 3. Pursuant to the direction of this Court, the second respondent has filed a Status Report dated 30.07.2026. It is stated therein that, upon survey, it was found that no bodies had been buried in the land referred to by the petitioner. It is further stated that burials are being carried out only in the Government Natham Poramboke land situated in Nadupatti Village, comprised in Natham Survey No.14/4. 4. Admittedly, the land in Survey No.14/4 is classified as Natham Poramboke. Therefore, unless it is duly designated as a burial or burning ground in accordance with the Tamil Nadu Village Panchayats (Provisions of Burial and Burning Grounds) Rules, 1999, the respondents cannot permit burial or burning of bodies in the said land. https://www.mhc.tn.gov.in/judis WP No. 48781 of 2025 __________ Page3 of 4 5. Accordingly, the writ petition is disposed of with a direction to respondents 2 to 5 to ensure that no burial or burning of bodies takes place in the land comprised in Survey No.14/4. However, liberty is reserved to the respondents to consider reclassifying or designating the said land as a burial ground, if permissible in law. 6. If any action is proposed to exhume the bodies already buried in the said land, the respondents shall issue notice to the petitioner and all other affected persons and proceed strictly in accordance with law. The connected miscellaneous petition is closed. There shall be no order as to costs. 18-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk To 1. The District Collector Dharmapuri, Dharmapuri District. 2. The Tahsildar Harur Taluk, Dharmapuri District. 3. The Block Development Officer Harur Block Development Office, Dharmapuri District. 4. The Village Administrative Officer Nadupatti Village, Morappur Post, Harur Taluk, Dharmapuri District. 5. The Panchayat Secretary Nadupatti Village, Harur Taluk, Dharmapuri District. https://www.mhc.tn.gov.in/judis WP No. 48781 of 2025 __________ Page4 of 4 HEMANT CHANDANGOUDAR, J. ssk WP No. 48781 of 2025 18-08-2026 https://www.mhc.tn.gov.in/judis