W.P.No.33075 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.33075 of 2025 K.Chakkaravarthi ... Petitioner Vs. 1 THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT, KANCHIPURAM. 2 THE DISTRICT COLLECTOR, THIRUVALLUR DISTRICT, THIRUALLUR. 3 THE SUPERINTENDENT OF POLICE, THIRUVALLUR DISTRICT, THIRUALLUR. 4 THE REVENUE TAHSILDAR, THIRUVALLUR TALUK, THIRUALLUR, THIRUVALLUR DISTRICT. 5 THE REVENUE TAHSILDAR SRIPERUMBUDUR TALUK, SRIPERUMBUDUR, KANCHIPURAM DISTRICT. 6 THE INSPECTOR OF POLICE, MAPPEDU POLICE STATION, MAPPEDU, THIRUVALLUR TALUK, THIRUVALLUR DISTRICT. 1/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 7 THE SPECIAL OFFICER, ULUNDAI VILLAGE PANCHAYAT, ULUNDAI VILLAGE, THIRUVALLUR TALUK, THIRUVALLUR DISTRICT. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to exhume the Corpses buried in the De-notified area in Survey No.330 situated at Kiloy Village, Sriperumbudur Taluk which is between my property and the Road and re-locate the same in the notified burial ground in Survey Nos.276/5B2 and 276/6 situated at Ulundai Village, Thiruvallur Taluk by considering my representations dated 07.07.2025 and 20.08.2025 along with necessary police protection. For Petitioner : Mr.P.Krishnan For Respondents : Mr.S.Balamurugan for R1, R2, R4, R5 and R7 Government Advocate Mr.S.Balaji for R3 and R6 Government Advocate (Crl. Side) O R D E R This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents to exhume the corpses buried in the de-notified area in Survey No.330 situated at Kiloy Village, 2/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 Sriperumbudur Taluk which is between the petitioner's property and the road and re-locate the same in the notified burial ground in Survey Nos.276/5B2 and 276/6 situated at Ulundai Village, Thiruvallur Taluk by considering the petitioner's representations dated 07.07.2025 and 20.08.2025 along with necessary police protection. 2.The learned counsel appearing for the petitioner submitted that the petitioner's maternal grandfather owned the property in S.F.Nos.350/5 (0.78 ares), 351/2 (0.53.5 ares) and 351/3 (0.52.0 ares) totally 1.83.5 hectares at Ulundai Village, Thiruvallur Taluk and after his death all his legal heirs are in joint possession and enjoyment of the said property. There are 20 residences in S.No.353 at Ulundai Village and they are burying the corpses in S.No.330 of Kiloy Village which is situated between the petitioner's property and the road instead of burying the corpses in the notified burial ground. In this regard, the petitioner made representations to the respondents, however, there is no response. 3.The learned counsel appearing for the petitioner further submitted that the Hon'ble Full Bench of this Court in the case of Jagadheeswari and others Vs. B.Babu Naidu and others reported 3/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 in 2023 SCC Online Mad 4773 has clearly held that any body buried in contravention to Rules 5 and 7 of the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999, is to be exhumed and buried in the designated place. Hence, this Court may issue direction to the respondents to exhume the corpses buried in Survey No.330 situated at Kiloy Village, Sriperumbudur Taluk which is between the petitioner's property and the road and bury the same in the notified burial ground in Survey Nos.276/5B2 and 276/6 situated at Ulundai Village, Thiruvallur Taluk. 4.Per contra, the learned Government Advocate submitted that the existing burial grounds in Survey Nos.276/5B2 and 276/6 situated at Ulundai Village, Thiruvallur Taluk are used by the Scheduled Caste people residing in seven streets located about 200 meters away from the said burial ground and further submitted that S.No.330/1A is classified as Grazing Ground Poromboke and S.No.353/9 is classified as Natham patta land. He further submitted that the corpses are buried prior to two years and hence, exhuming the same at this point of time would not be possible. 5.Heard both sides and perused the materials available on 4/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 record. 6.The property in which the petitioner states that corpses have been buried is classified Grazing Ground Poromboke. Even the State Government have no power to alter grazing ground poromboke or water body. The issue involved in this writ petition has already been decided by the Hon'ble Full Bench of this Court in the case of Jagadheeswari and others Vs. B.Babu Naidu and others reported in 2023 SCC Online Mad 4773, wherein, it has been clearly held that any body buried in contravention to Rules 5 and 7 of the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999, is to be exhumed and buried in the designated place. 7.In view of the above, this Court directs the respondents to exhume the corpses buried in Survey No.330 situated at Kiloy Village, Sriperumbudur Taluk and bury the same in the notified burial ground. 8.The writ petition is disposed of with the above observation. No costs. 15.09.2025 pri 5/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT, KANCHIPURAM. 2 THE DISTRICT COLLECTOR, THIRUVALLUR DISTRICT, THIRUALLUR. 3 THE SUPERINTENDENT OF POLICE, THIRUVALLUR DISTRICT, THIRUALLUR. 4 THE REVENUE TAHSILDAR, THIRUVALLUR TALUK, THIRUALLUR, THIRUVALLUR DISTRICT. 5 THE REVENUE TAHSILDAR SRIPERUMBUDUR TALUK, SRIPERUMBUDUR, KANCHIPURAM DISTRICT. 6 THE INSPECTOR OF POLICE, MAPPEDU POLICE STATION, MAPPEDU, THIRUVALLUR TALUK, THIRUVALLUR DISTRICT. 7 THE SPECIAL OFFICER, ULUNDAI VILLAGE PANCHAYAT, ULUNDAI VILLAGE, THIRUVALLUR TALUK, THIRUVALLUR DISTRICT. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 M.DHANDAPANI,J. pri W.P.No.33075 of 2025 7/7 https://www.mhc.tn.gov.in/judis W.P.No.33075 of 2025 15.09.2025 8/7 https://www.mhc.tn.gov.in/judis