Thoppuliammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI WP Nos.10578 of 2023 Thoppuliammal ... Petitioner versus 1.The District Collector, Kallakurichi District.
2.The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi Taluk & District.
3.The Assistant Director of Village Panchayats Block Development Officer, BDO Campus, Kachirapalayam Road, Kallakurichi Taluk & District.
4.The Tahsildar, Kallakurichi Taluk & District.
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5.The Executive Engineer, P.W.D. Office, Kesavalu Nagar, Kallakurichi Post, Kallakurichi Taluk & District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents to stop and prevent Muslim community people of Ravattanallur village or any other community people from burying or cremating the dead bodies in the said Government Eri Poromboke lands situated in Survey No.22, of Ravattanallur village, Sankarapuram Taluk, Kallakurichi District, as per the provisions of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999, published vide G.O.Ms.No.213, Rural Development (C4), dated 5th October, 1999, and take appropriate action against the illegal burial of dead bodies and preserve the Government Eri Poromboke lands in accordance with la based on the petitioners representation dated 18.08.2022.
Prayer amended as per order dated 07.06.2024 in WMP No.21748 of 2023 in WP No.10578 of 2023 by ACT and MSQJ For the Petitioner :Mr.R.Bharath Kumar For the Respondents :Mr.Karthik Jagannath Government Advocate
ORDER
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(Made by the Hon'ble Acting Chief Justice) This Writ Petition is filed for a Mandamus, directing the respondents to stop and prevent Muslim community people of Ravattanallur village or any other community people from burying or cremating the dead bodies in the said Government Eri Poromboke lands situated in Survey No.22, of Ravattanallur village, Sankarapuram Taluk, Kallakurichi District, as per the provisions of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999, published vide G.O.Ms.No.213, Rural Development (C4), dated 5th October, 1999, and take appropriate action against the illegal burial of dead bodies and preserve the Government Eri Poromboke lands in accordance with la based on the petitioner's representation dated 18.08.2022.
2. Learned Government Advocate has placed a communication dated 06.08.2024, addressed by the Tahsildar to the Government Pleader, wherein it is stated that the property in question was surveyed by the revenue department and Pubic Works Department and boundaries were marked using stones and the Public Works Department was advised to stop 3/6
muslim community people and people from other faiths using the property in question for burying the dead bodies. He further submits that in the light of the aforesaid communication, no further orders are required.
3. The said communication is taken on record. Recording the statement made in the said communication, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P. No.10515 of 2023 is closed.
(D.K.K., ACJ.) (P.B.B., J.) 06.08.2024 Index : Yes/No mrn To 1.The District Collector, 4/6
Kallakurichi District.
2.The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi Taluk & District.
3.The Assistant Director of Village Panchayats Block Development Officer, BDO Campus, Kachirapalayam Road, Kallakurichi Taluk & District.
4.The Tahsildar, Kallakurichi Taluk & District.
5.The Executive Engineer, P.W.D. Office, Kesavalu Nagar, Kallakurichi Post, Kallakurichi Taluk & District.
THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
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(mrn) WP Nos.10578 of 2023 06.08.2024 6/6