Rathinavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Rathinavel ..Petitioner(s) Vs

1. The District Collector Cuddalore District, Collectorate, Cuddalore.

2. The Tahsildar Tittakudi Taluk, Tittakudi,Cuddalore District.

3. The Block Development Officer Mangalur Panchayat Union, Cuddalore District.

4. Sangeetham Kodivel

5. Thangarasu ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the 1st and 2nd Respondents to consider the petitioner's representation and pass appropriate final orders based on the Report of the Revenue Inspector Tittakudi (West) in U.Mu. No.58/2023, dated 01.03.2023, by directing the removal of the unauthorized burial made in the agricultural land comprised in survey No.326/7C at Kazhudur Village, Tittakudi Taluk, and to prevent the 4th and 5th Respondents from using the said agricultural land as a cemetery / burial ground in violation of the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, within a time frame to be fixed by this court.

For Petitioner(s):

Mr.J.Antony Jesus For Respondent(s):

Mr.G.Ameedius Govt Advocate For R3 Mrs.C.Meera Arumugam, AGP For R1 & R2

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to exhume the body of the fourth respondent's wife, which was buried in the agricultural land morefully disclosed in the prayer to this writ petition.

2. The petitioner claims that the report of the Revenue Inspector, Tittakudi (West), dated 01.03.2023, also directs exhumation of body as prayed for by the petitioner. However, according to the petitioner, the said report has not been implemented. The petitioner contends that the burial of the fourth respondent's wife in an agricultural land is illegal and contrary to Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999.

3. Mrs.Meera Arumugam, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 and 2; and Mr.G.Ameedius, learned Government Advocate, accepts notice on behalf of the third respondent. Since no adverse orders are passed against the respondents 4 and 5, notice to them in this writ petition is dispensed with.

4. No prejudice will be caused to the second respondent, if the representation of the petitioner dated 21.06.2024 is considered on merits and in accordance with law, after hearing the objections from the respondents 4 and 5 and any other party whom the second respondent deems fit to enquire, within a time frame to be fixed by this Court. Accordingly, this writ petition is disposed of by directing the second respondent to pass final orders, on merits and in accordance with law, on the petitioner's representation dated 21.06.2024 seeking for exhumation of body buried in an agricultural land morefully disclosed in the prayer to this writ petition, after giving due consideration to the report submitted by the Revenue Inspector, Tittakudi (West), dated 01.03.

2023, and after hearing the objections from the respondents 4 and 5, as well as any other party whom the second respondent deems fit to enquire, within a period of 12 weeks from the date of receipt of a copy of this order. This Court is not expressing any opinion on the merits of the aforesaid representation of the petitioner. No Costs.

13-03-2026 RKM To

1. The District Collector Collectorate,cuddalore.

2. The Tahsildar Tittakudi Taluk, Tittakudi,Cuddalore District.

3. The Block Development Officer Mangalur Panchayat Union, Cuddalore District.

ABDUL QUDDHOSE, J.

RKM 13-03-2026