High Court · 2025

Writ Petition No.21568 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.08.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.21568 of 2025L.NatesanS/o. Late. LakshmananPetitionerVs1.The District CollectorDistrict Collector Office, 1st Floor, Salem Main Road, Near District Superintendent of Police Office, Dharmapuri District- 636 705.2.The TahsildarOffice of The Tahsildar, Pappireddipatti Taluk, Dharmapuri District- 636 905.3.The Block Development OfficerBlock Development Office, Pappireddipatti, Dharmapuri District- 636 303.4.The Village Administrative OfficerNallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District- 635 303.5.The PresidentNallagudlahalli Panchayat Union,Pappireddipatti, Dharmapuri District.6.AthithanS/o.Sentrayan Respondents1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to exhume the dead bodies, which was buried and burned on the non-notified place i.e., Road in Survey No.123 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District, by considering the petitioner's representation dated 28.04.2025 and to take appropriate steps to ensure burial on the noticed licensed area in Survey No.322/1 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District within the time limit that may be fixed by this Court.For Petitioner: Mr.B.ThirumalaiFor Respondents: Mr.G.Velu, Additional Government Pleader [R1, R2 & R5] Mrs.Akila Rajendran, Government Advocate [R3 & R4]*****O R D E RThis writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to exhume the dead bodies buried in Survey No.123 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District, by considering the representation made by the petitioner on 28.04.2025 and to take appropriate steps to ensure that the burial/cremation takes place only in the designated area in Survey No.322/1.2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 20252. Heard Mr.B.Thirumalai, learned counsel for petitioner, Mr.G.Velu, learned Additional Government Pleader appearing for respondents 1, 2 & 5 and Mrs.Akila Rajendran, learned Government Advocate appearing for respondents 3 and 4.3. When the writ petition came up for hearing on 02.07.2025, the following order was passed by this Court:"Pursuant to the earlier order passed on 18.06.2025, learned Additional Government Pleader produced the written instructions received from the Tahsildar, Dharmapuri District. The relevant portion is extracted hereunder:@kDjhuu; jpU/enlrd; j-bg yl;Rkzd; vd;gth; ey;yFl;ycws;sp jug;g[ eL:u; fhntupft[z;ld;bfhl;lha; gFjpapy; trpj;J tUfpwhh;/ nkw;go fpuhk g[y vz;/122-9A tp!;jPudk; 0/01/5 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 1030?d;go bg/gr;irak;khs; kw;Wk; y/enlrd; bgahpy; Tl;lhf gl;lh jhf;fyhfpa[s;sJ/ ,g;g[yj;jpy; tptrha fpzW mike;Js;sJ/ g[y vz; 122-9B tp!;jPuzk; 0/16/0 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 481?d;go bg/gr;irak;khs; bgahpYk;. g[y vz; 122-9C tp!;jPuzk; 0/11/5 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 435?d;go y/enlrd; bgahpYk; gl;lhthf jhf;fyhfpa[s;sJ/ nkw;fz;l gl;lh epyj;jpw;F mUfpy; tlf;F gFjpapy; g[y vz; 123 tp!;jPuzk; 0/41/5 bcwf;nlh; muR g[wk;nghf;F ghij tifghLila epyk; mike;Js;sJ/ ,e;j ghij g[wk;nghf;F epyj;jpw;F kj;jpapy; bghJkf;fs; gad;ghl;ow;fhd jhh; rhiy mike;Js;sJ/ ,e;j jhh; rhiyf;F tlf;F gFjpapy; Cuf tsh;r;rp Jiwf;F brhe;jkhd bghjpad; gs;sk; mizf;fl;L fhy;tha; ey;yFl;ycws;sp Vhpia nehf;fp bry;fpwJ/ jhh; rhiyf;F bjw;F 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025gFjpapy; kPjKs;s ghij g[wk;nghf;F epyj;jpy; kahdk; mike;Js;sJ/ ,e;j kahdj;ij nkw;go eL:h; fpuhkj;ij rhh;e;j bghJkf;fs; Rkhh; fle;j 50 Mz;LfSf;Fk; nkyhf gad;gLj;jp tUtjhft[k;. ntW jFjpahd kahdk; ,y;iy vd;Wk;. ,jpy; xU epue;ju rkhjpa[k;. ,we;jth;fspd; cly;fis mlf;fk; bra;ag;gl;ljw;fhd milahs';fSk; cs;sd/ brd;w khjk; (nk khjk;) ,we;j ,uz;L cly;fis mlf;fk; bra;a vLj;Jr; brd;w nghJ kDjhuu; jug;gpy; fpzW khRgLtjhft[k;. tptrhak; bra;tjw;F ,ila{whf ,Ug;gjhft[k; Ml;nrgiz bra;ag;gl;l epiyapy; fhty; Jiw kw;Wk; tUtha; Jiw K:yk; rkhjhd ngr;Rthh;j;ij elj;jp gpd;g[ ,we;jth;fis nkw;go ghij g[wk;nghf;fpnyna mlf;fk; bra;jdh;/ nkYk; ,J bjhlh;ghf 12/06/2025 md;W kDjhuu; jpU/enlrd; kw;Wk; eL:h; fpuhk Ch;bghJkf;fs; ,ilna tl;lhrpah; Kd;dpiyapy; mikjpg;ngr;R thh;j;ij eilbgw;wJ/ ,jpy; kahdj;jpw;F khw;W ,lkhf ey;yFl;ycws;sp fpuhk g[y vz; 83-10 tp!;jPudk; 0/16/0 bcwf;nlh; kw;Wk; g[y vz; 83-11 tp!;jPuzk; 0/10/5 bcwf;nlh; ghij g[wk;nghf;F epyj;jpy; kahdk; Vw;gLj;jp jUtjhf bjhptpf;fg;gl;ljw;F eL:h; fpuhk kf;fs; v';fSila kahdk; K:jhijah;fs; Kjy; fhy';fhykhf gad;gLj;jp te;jij khw;wpf;bfhs;s KoahJ vd;Wk;. fpuhkj;jpy; ,Ue;J Rkhh; 5 fp/kPl;lUf;F nky; ele;J bry;y ntz;o cs;sJ vd;Wk; Vw;f kWj;J mikjp ngr;Rthh;j;ijapy; Kot[ Vw;gltpy;iy vd;gija[k; ,j;Jld; fpuhk fzf;Ffisa[k; ,izj;J mDg;gpa[s;nsd; vd;gija[k; gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/@2. In the considered view of this Court, burial/cremation cannot be done at any place unless and otherwise that place is specifically designated as a burial/cremation ground. The law on this issue has now been settled by the Full Bench of this Court. Therefore, just because people are cremating/burying dead bodies in a particular place, which is not designated for that purpose, that will not create a vested right. In view of the same, the decision taken by the Tahsildar as if there was no meeting of 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025minds between the people belonging to the village and therefore, cremation/burial will continue in the same place is unacceptable. The District Collector has to necessarily intervene in this issue and ensure that a place is designated for burial/cremation and persons belonging to the village must be allowed to cremate/bury the dead bodies only in that designated place.3. Learned Additional Government Pleader seeks for some time to take instructions from the District Collector in this regard.Post this writ petition at the end of the motion list on 23.07.2025."4. The writ petition was once again listed for hearing on 06.08.2025 and the following order came to be passed by this Court:"When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the official respondents produced the written instructions received from the 2nd respondent. On going through the same, it is seen that the 2nd respondent has submitted a report to the 1st respondent to the effect that Survey No.44/5 which has been classified as Parai can be reclassified as Burial ground and this report dated 31.07.2025 sent to the Revenue Divisional Officer, Harur, has also been placed before this Court.2. When the earlier order was passed on 18.06.2025, this Court took into consideration the fact that already Survey No.322/1 has been designated as a burial ground and to substantiate the same, the petitioner also relied upon page No.45 of the typed set of papers. Hence, the learned Additional Government Pleader shall take instructions from the 2nd respondent as to why there is absolutely no mention in any of the reports regarding Survey No.322 /1.3. Post this writ petition at the end of the motion list on 18.08.2025."5. When the matter was taken up for hearing today, learned 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025Additional Government Pleader, on instructions, submitted that the Survey No.322/1 is not a designated burial ground for the present village and that is the reason why the respondents have now identified Survey No.44/5 to be reclassified as a burial ground. Learned Additional Government Pleader further submitted that a report dated 31.07.2025 has been sent by the Revenue Divisional Officer in this regard.6. In the light of the above stand taken by the respondents, there shall be a direction to the first respondent to take immediate steps to re-classify Survey No.44/5 as a burial ground and ensure that the burial/cremation takes place only in this survey number. This process shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.7. Learned counsel for the petitioner submitted that only one body has been buried in the petitioner's patta land and the same has to be exhumed. The first respondent shall deal with this issue and if only one body was buried in the patta land belonging to the petitioner, the first respondent shall take steps to exhume the body to bury it in the designated place. If this place has been used as a burial ground for a very 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025long time, then the claim made by the petitioner cannot be sustained. The first respondent shall take a decision in this regard.This writ petition is disposed of with the above direction. No costs.18.08.2025Neutral Citation: Yes/NoIndex: Yes/noSpeaking Order/Non-Speaking OrdergmTo1.The District CollectorDistrict Collector Office, 1st Floor, Salem Main Road, Near District Superintendent of Police Office, Dharmapuri District- 636 705.2.The TahsildarOffice of The Tahsildar, Pappireddipatti Taluk, Dharmapuri District- 636 905.3.The Block Development OfficerBlock Development Office, Pappireddipatti, Dharmapuri District- 636 303.4.The Village Administrative OfficerNallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District- 635 303.5.The PresidentNallagudlahalli Panchayat Union,Pappireddipatti, Dharmapuri District.N.ANAND VENKATESH, J7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025gmWrit Petition No.21568 of 202518.08.20258/8

Writ Petition No.21568 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.08.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHWrit Petition No.21568 of 2025L.NatesanS/o. Late. LakshmananPetitionerVs1.The District CollectorDistrict Collector Office, 1st Floor, Salem Main Road, Near District Superintendent of Police Office, Dharmapuri District- 636 705.2.The TahsildarOffice of The Tahsildar, Pappireddipatti Taluk, Dharmapuri District- 636 905.3.The Block Development OfficerBlock Development Office, Pappireddipatti, Dharmapuri District- 636 303.4.The Village Administrative OfficerNallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District- 635 303.5.The PresidentNallagudlahalli Panchayat Union,Pappireddipatti, Dharmapuri District.6.AthithanS/o.Sentrayan Respondents1/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to exhume the dead bodies, which was buried and burned on the non-notified place i.e., Road in Survey No.123 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District, by considering the petitioner's representation dated 28.04.2025 and to take appropriate steps to ensure burial on the noticed licensed area in Survey No.322/1 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District within the time limit that may be fixed by this Court.For Petitioner: Mr.B.ThirumalaiFor Respondents: Mr.G.Velu, Additional Government Pleader [R1, R2 & R5] Mrs.Akila Rajendran, Government Advocate [R3 & R4]*****O R D E RThis writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to exhume the dead bodies buried in Survey No.123 situated in Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District, by considering the representation made by the petitioner on 28.04.2025 and to take appropriate steps to ensure that the burial/cremation takes place only in the designated area in Survey No.322/1.2/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 20252. Heard Mr.B.Thirumalai, learned counsel for petitioner, Mr.G.Velu, learned Additional Government Pleader appearing for respondents 1, 2 & 5 and Mrs.Akila Rajendran, learned Government Advocate appearing for respondents 3 and 4.3. When the writ petition came up for hearing on 02.07.2025, the following order was passed by this Court:"Pursuant to the earlier order passed on 18.06.2025, learned Additional Government Pleader produced the written instructions received from the Tahsildar, Dharmapuri District. The relevant portion is extracted hereunder:@kDjhuu; jpU/enlrd; j-bg yl;Rkzd; vd;gth; ey;yFl;ycws;sp jug;g[ eL:u; fhntupft[z;ld;bfhl;lha; gFjpapy; trpj;J tUfpwhh;/ nkw;go fpuhk g[y vz;/122-9A tp!;jPudk; 0/01/5 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 1030?d;go bg/gr;irak;khs; kw;Wk; y/enlrd; bgahpy; Tl;lhf gl;lh jhf;fyhfpa[s;sJ/ ,g;g[yj;jpy; tptrha fpzW mike;Js;sJ/ g[y vz; 122-9B tp!;jPuzk; 0/16/0 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 481?d;go bg/gr;irak;khs; bgahpYk;. g[y vz; 122-9C tp!;jPuzk; 0/11/5 bcwf;nlh; g[d;bra; epyk; gl;lh vz; 435?d;go y/enlrd; bgahpYk; gl;lhthf jhf;fyhfpa[s;sJ/ nkw;fz;l gl;lh epyj;jpw;F mUfpy; tlf;F gFjpapy; g[y vz; 123 tp!;jPuzk; 0/41/5 bcwf;nlh; muR g[wk;nghf;F ghij tifghLila epyk; mike;Js;sJ/ ,e;j ghij g[wk;nghf;F epyj;jpw;F kj;jpapy; bghJkf;fs; gad;ghl;ow;fhd jhh; rhiy mike;Js;sJ/ ,e;j jhh; rhiyf;F tlf;F gFjpapy; Cuf tsh;r;rp Jiwf;F brhe;jkhd bghjpad; gs;sk; mizf;fl;L fhy;tha; ey;yFl;ycws;sp Vhpia nehf;fp bry;fpwJ/ jhh; rhiyf;F bjw;F 3/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025gFjpapy; kPjKs;s ghij g[wk;nghf;F epyj;jpy; kahdk; mike;Js;sJ/ ,e;j kahdj;ij nkw;go eL:h; fpuhkj;ij rhh;e;j bghJkf;fs; Rkhh; fle;j 50 Mz;LfSf;Fk; nkyhf gad;gLj;jp tUtjhft[k;. ntW jFjpahd kahdk; ,y;iy vd;Wk;. ,jpy; xU epue;ju rkhjpa[k;. ,we;jth;fspd; cly;fis mlf;fk; bra;ag;gl;ljw;fhd milahs';fSk; cs;sd/ brd;w khjk; (nk khjk;) ,we;j ,uz;L cly;fis mlf;fk; bra;a vLj;Jr; brd;w nghJ kDjhuu; jug;gpy; fpzW khRgLtjhft[k;. tptrhak; bra;tjw;F ,ila{whf ,Ug;gjhft[k; Ml;nrgiz bra;ag;gl;l epiyapy; fhty; Jiw kw;Wk; tUtha; Jiw K:yk; rkhjhd ngr;Rthh;j;ij elj;jp gpd;g[ ,we;jth;fis nkw;go ghij g[wk;nghf;fpnyna mlf;fk; bra;jdh;/ nkYk; ,J bjhlh;ghf 12/06/2025 md;W kDjhuu; jpU/enlrd; kw;Wk; eL:h; fpuhk Ch;bghJkf;fs; ,ilna tl;lhrpah; Kd;dpiyapy; mikjpg;ngr;R thh;j;ij eilbgw;wJ/ ,jpy; kahdj;jpw;F khw;W ,lkhf ey;yFl;ycws;sp fpuhk g[y vz; 83-10 tp!;jPudk; 0/16/0 bcwf;nlh; kw;Wk; g[y vz; 83-11 tp!;jPuzk; 0/10/5 bcwf;nlh; ghij g[wk;nghf;F epyj;jpy; kahdk; Vw;gLj;jp jUtjhf bjhptpf;fg;gl;ljw;F eL:h; fpuhk kf;fs; v';fSila kahdk; K:jhijah;fs; Kjy; fhy';fhykhf gad;gLj;jp te;jij khw;wpf;bfhs;s KoahJ vd;Wk;. fpuhkj;jpy; ,Ue;J Rkhh; 5 fp/kPl;lUf;F nky; ele;J bry;y ntz;o cs;sJ vd;Wk; Vw;f kWj;J mikjp ngr;Rthh;j;ijapy; Kot[ Vw;gltpy;iy vd;gija[k; ,j;Jld; fpuhk fzf;Ffisa[k; ,izj;J mDg;gpa[s;nsd; vd;gija[k; gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/@2. In the considered view of this Court, burial/cremation cannot be done at any place unless and otherwise that place is specifically designated as a burial/cremation ground. The law on this issue has now been settled by the Full Bench of this Court. Therefore, just because people are cremating/burying dead bodies in a particular place, which is not designated for that purpose, that will not create a vested right. In view of the same, the decision taken by the Tahsildar as if there was no meeting of 4/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025minds between the people belonging to the village and therefore, cremation/burial will continue in the same place is unacceptable. The District Collector has to necessarily intervene in this issue and ensure that a place is designated for burial/cremation and persons belonging to the village must be allowed to cremate/bury the dead bodies only in that designated place.3. Learned Additional Government Pleader seeks for some time to take instructions from the District Collector in this regard.Post this writ petition at the end of the motion list on 23.07.2025."4. The writ petition was once again listed for hearing on 06.08.2025 and the following order came to be passed by this Court:"When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the official respondents produced the written instructions received from the 2nd respondent. On going through the same, it is seen that the 2nd respondent has submitted a report to the 1st respondent to the effect that Survey No.44/5 which has been classified as Parai can be reclassified as Burial ground and this report dated 31.07.2025 sent to the Revenue Divisional Officer, Harur, has also been placed before this Court.2. When the earlier order was passed on 18.06.2025, this Court took into consideration the fact that already Survey No.322/1 has been designated as a burial ground and to substantiate the same, the petitioner also relied upon page No.45 of the typed set of papers. Hence, the learned Additional Government Pleader shall take instructions from the 2nd respondent as to why there is absolutely no mention in any of the reports regarding Survey No.322 /1.3. Post this writ petition at the end of the motion list on 18.08.2025."5. When the matter was taken up for hearing today, learned 5/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025Additional Government Pleader, on instructions, submitted that the Survey No.322/1 is not a designated burial ground for the present village and that is the reason why the respondents have now identified Survey No.44/5 to be reclassified as a burial ground. Learned Additional Government Pleader further submitted that a report dated 31.07.2025 has been sent by the Revenue Divisional Officer in this regard.6. In the light of the above stand taken by the respondents, there shall be a direction to the first respondent to take immediate steps to re-classify Survey No.44/5 as a burial ground and ensure that the burial/cremation takes place only in this survey number. This process shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.7. Learned counsel for the petitioner submitted that only one body has been buried in the petitioner's patta land and the same has to be exhumed. The first respondent shall deal with this issue and if only one body was buried in the patta land belonging to the petitioner, the first respondent shall take steps to exhume the body to bury it in the designated place. If this place has been used as a burial ground for a very 6/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025long time, then the claim made by the petitioner cannot be sustained. The first respondent shall take a decision in this regard.This writ petition is disposed of with the above direction. No costs.18.08.2025Neutral Citation: Yes/NoIndex: Yes/noSpeaking Order/Non-Speaking OrdergmTo1.The District CollectorDistrict Collector Office, 1st Floor, Salem Main Road, Near District Superintendent of Police Office, Dharmapuri District- 636 705.2.The TahsildarOffice of The Tahsildar, Pappireddipatti Taluk, Dharmapuri District- 636 905.3.The Block Development OfficerBlock Development Office, Pappireddipatti, Dharmapuri District- 636 303.4.The Village Administrative OfficerNallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District- 635 303.5.The PresidentNallagudlahalli Panchayat Union,Pappireddipatti, Dharmapuri District.N.ANAND VENKATESH, J7/8 https://www.mhc.tn.gov.in/judis Writ Petition No.21568 of 2025gmWrit Petition No.21568 of 202518.08.20258/8