W.P.No.37146 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2026 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.37146 of 2025 & W.M.P.No.41563 of 2025 L.Mariappan D No. Katusothanavalauv PuduRoad, 21st Division Salem. Petitioner(s) Vs 1. The District Collector Office of the District Collectorate Salem District. 2. The Commissioner of Corporation Office of the Commissioner of Corporation Salem District. 3. Assistant Commissioner of Corporation Office of the Sooramangalam Zonal Chatiram Salem 636 007. 4. Assistant Director Member/ Secretary District Town and Country Planning (DTCP) Thalvaipatti, Salem 636302. __________ p. 2 W.P.No.37146 of 2025 5. The District Revenue Officer Office of the District Collectorate Salem. 6. The Revenue Divisional Officer Office of the Revenue Divisional Office Jagir Ammapalayam, Salem. 7. The Revenue Tahsidar Office of the Revenue Tahsildar West Jagir Ammapalayam Salem District. Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to demolish the illegal construction and remove the illegal encroachment in situated in 21st Division, Ward R, Block 2, Survey No.2/2 in Cemetery Yard in Suramangalam Group, Salem West District and consequently by this Honourable court may be fixed the stipulated time to consider the petitioner’s representation dated 28.01.2025 for illegal construction and remove the illegal encroachment the above said situated. For Petitioner(s): Mr.Munuraj.G. For Respondent(s): Mr.K.Karthik Jagannath Government Advocate for R1, R5, R6 & R7 M/s.N. Devi Standing Counsel for R2 & R3 __________ p. 3 W.P.No.37146 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) This petition, styled as public interest litigation, has been filed seeking judicial intervention in the matter of development and construction of sewage pumping station within the Municipal Corporation limits of Salem. 2. According to learned counsel for petitioner, respondent authorities have acted illegally and against public interest in using a part of the cremation ground for the purpose of construction of sewage pumping station. He would submit that the Corporation could not have diverted a part of the land for use other than burial purposes except with the permission of the District Collector. The other submission is that if a part of the land is allowed to be used for the purpose of construction of sewage pumping station, it will adversely affect the local needs of burial of dead bodies and would be contrary to public interest. __________ p. 4 W.P.No.37146 of 2025 3. Learned counsel for respondents would submit that petitioner’s allegation that permission from the Collector is necessary for diverting part of the burial ground, is not based on any specific provision of law. It is further submitted that in order to cater to the needs of the waste management of draining out sewage water of 60 wards of the Corporation area, it has become necessary to provide a proper sewage facility through underground pipelines and bring to sewage pumping station for further processing and this is, by itself, in public interest. Therefore, petition is not maintainable. Even otherwise, it is contended that out of 16,951 sq.ft. of land, only 5806 sq.ft. is being utilised for the purpose of sewage pumping station. Therefore, it will not affect the burial requirements of the area. 4. We have gone through the contents of the petition and the counter affidavit. 5. Learned counsel for petitioner could not bring to the notice of this Court any provision of law requiring permission from the __________ p. 5 W.P.No.37146 of 2025 District Collector. It has to be noted that the burial ground is under the management and control of the local body. In the absence of there being any specific provision to the contrary, the authority to manage and control would include power to partly alter the use of land. Since no specific provision has been brought to our notice, the first contention must fail. 6. Two different purposes stare at each other. While there is a need and necessity for having burial ground in and around residential area, at the same time, it is also equally important, in public interest, to have proper mechanism to channel draining of sewage water in various wards of the Municipal Corporation area and treatment. What is being done by respondents is only to provide for proper facility for draining out sewage water through underground pipelines and thereafter, being brought to the sewage pumping station for further process. No doubt, establishment of sewage pumping station is also in public interest. 7. It is not a case where the entire burial ground has been __________ p. 6 W.P.No.37146 of 2025 used for pumping station so as to leave no area for burial purpose. Only 5806 sq.ft. has been utilised. 8. In these circumstances, we are of the view that no writ could be issued for one public purpose so as to destroy the other public purpose and public interest. Petition is dismissed. There shall be no order as to costs. Consequently, the interim application is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.01.2026 Index : Yes/No Neutral Citation : Yes/No kpl To 1. The District Collector Office of the District Collectorate Salem District. 2. The Commissioner of Corporation Office of the Commissioner of Corporation Salem District. __________ p. 7 W.P.No.37146 of 2025 3. Assistant Commissioner of Corporation Office of the Sooramangalam Zonal Chatiram Salem 636 007. 4. Assistant Director Member/ Secretary District Town and Country Planning (DTCP) Thalvaipatti, Salem 636302. 5. The District Revenue Officer Office of the District Collectorate Salem. 6. The Revenue Divisional Officer Office of the Revenue Divisional Office Jagir Ammapalayam, Salem. 7. The Revenue Tahsidar Office of the Revenue Tahsildar West Jagir Ammapalayam Salem District. __________ p. 8 W.P.No.37146 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (kpl) W.P.No.37146 of 2025 02.01.2026 __________