Umamageshwari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.1535 of 2025 Umamageshwari : Petitioner Vs 1.The District Collector, 2.The Assistant Director (Panchayats) Office of District Collector 3.The Revenue Divisional Officer, Maduranthagam Revenue Division 4.The Tahsildar,

5.The Block Development Officer, (Village Panchayats) 6.The President Eesur Village Panchayat Eesur Village, : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from converting/permitting the land in Survey No.86/1 measuring to an extent of 39 cents situated at Easur Village, Maduranthagam Taluk, Chengalpet District to use as burial ground, which is situated 50 feet away from the dwelling houses and water sources in violation of Rule 7(1) of Tamil Nadu Village Panchayats(Provision of Burial and Burning Grounds) Rules, 1999. For Petitioner :

Mr.R.Dhanasekar For Respondents 1 to 5 :

Mr.K.Karthik Jegannath, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We find that the petition is bereft of any particulars. General allegations are made that a cremation ground is made within 90 meters of dwelling place or source of drinking water supply.

2. Counsel says that Rule 7 of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999, provides for a minimum 90 metres gap between a dwelling place or source of drinking water-supply and a place where a person is burnt or buried. Of course, there is also an exception, and it says, "other than a place licensed as a burial and burning ground".

3. Since these are only bald allegations, we are not inclined to entertain the petition. Petition stands dismissed. There will be no order as to costs. Consequently, the interim application also stands disposed of.

4. At the same time, we find that some representation has been made to the District Collector. That is what the affidavit says. The concerned authority may consider the application and dispose of the same in accordance with law.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 20.03.2025 Index : Yes/No : Yes/No tar

To 1.The District Collector, 2.The Assistant Director (Panchayats) Office of District Collector 3.The Revenue Divisional Officer, MAduranthagam Revenue Division 4.The Tahsildar, 5.The Block Development Officer, (Village Panchayats) 6.The President Eesur Village Panchayat Eesur Village, Maduranthagam Taluk

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ , J.

(tar) 20.03.2025