Sumathi Selvaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.16145 of 2025 1.
SUMATHI SELVARAJ 2.
SARAVANAN 3.
RATHINAM 4.
RAJA ... Petitioners Vs 1.
THE DISTRICT COLLECTOR, NAMAKKAL DISTRICT, NAMAKKAL.
2.
THE REVENUE DIVISIONAL OFFICER, RASIPURAM, NAMAKKAL DISTRICT.
3.
THE TAHSILDAR, RASIPURAM, NAMAKKAL DISTRICT.
4.
THE VILLAGE ADMINISTRATIVE OFFICER, KARKOODALPATTY VILLAGE, RASIPURAM TALUK, NAMAKKAL DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents from in any manner converting the land in survey No.624/6 or any other land which is classified as Tharisu and Reserved Forest and also adjacent to the petitioner's land in 1/5
Survey No.624/7, 624/2C and 624/2D situated at Karkoodalpatty Village Bit1, Rasipuram Taluk, Namakkal District for burial ground purposes. For Petitioner : Mr.R.Thamaraiselvan For R1 to R4 : Dr.S.Suriya Additional Government Pleader
ORDER
This writ petition is filed to fobear the respondents from converting the land in Survey No. 624/6 or any other land classified as Tharisu and Reserved Forest and adjacent to the petitioners land in Survey Nos. 624/7, 624/2C and 624/2D, situated at Karkoodalpatty Village Bit-1, Rasipuram Taluk, Namakkal District.
2. The grievance of the petitioner is that the land in Survey No. 624/6 is now identified for the purpose of locating a crematorium. The land is located near the Reserve Forest and amidst agricultural lands. Therefore, the petitioner submits that the crematorium have to be located elsewhere. Pursuant to the judgment of the Full Bench of this Court, the burial ground or cremation ground has to be properly notified by the District Collector.
3. In that regard, when steps are being taken to notify the particular land, it is seen that its classification is Tharisu and it is neither a water body nor is it 2/5
the contention of the learned counsel for the petitioner that it is amidst residences or settlements. Therefore, the grievance of the petitioner cannot be countenanced. However, if the petitioner contends that there are other lands which are more suitable, he can only bring to the notice of the Collector at the time of passing orders, by way of filing objections. In any event, the petitioner's representation dated 20.03.2025 shall also be taken into account by the District Collector while passing final orders regarding the location of the cremation ground in the particular survey number.
4. With the aforesaid observations, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 23.04.2025 1/2 nsl To 1.
THE DISTRICT COLLECTOR, NAMAKKAL DISTRICT, NAMAKKAL.
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2.
THE REVENUE DIVISIONAL OFFICER, RASIPURAM, NAMAKKAL DISTRICT.
3.
THE TAHSILDAR, RASIPURAM, NAMAKKAL DISTRICT.
4.
THE VILLAGE ADMINISTRATIVE OFFICER, KARKOODALPATTY VILLAGE, RASIPURAM TALUK, NAMAKKAL DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
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