Madras High CourtWP/17862/2020disposed of

Rani v. The State

2024-02-01Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.22148 of 2020 Rani ... Petitioner Vs.

1. The State, Rep. by the Direct Collector, Salem District, Salem.

2. The Superintendent of Police, Salem District, Salem.

3. The Revenue Divisional Officer, Attur, Salem.

4. The Tasildhar, Attur Taluk, Salem District.

5. The Asst. Executive Engineer (Water Resource Department) Public Works Department, Thalaivasal Irrigation Area, Thalaivasal post, Salem District-636 112.

1/6

6. The Block Development Officer, Thalaivasal Panchayat Union, Attur Taluk, Salem District.

7. Thangarasu ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondent 1 to 6 to exhume the dead bodies buried unauthorisedly in the canal poramboke comprised in Survey No. 106 (Part) measuring an extent of 3 cents, situated in Thalaivasal Village, Attur Taluk, Salem and bury them in accordance with law.

For Petitioner : Ms.Archana J. for Mr.A.E.Ravi Chandran For Respondents : Mr.P.Bala Thandayutham, Special Government Pleader, (for R1 to R6);

R7:Given Up-vide order dated 10.12.2020

ORDER

The writ of mandamus has been issued to direct the respondents 1 to 6 to exhume the dead bodies buried unauthorisedly in the canal poramboke comprised in Survey No. 106 (Part) measuring an extent of 3 cents, situated in Thalaivasal Village, Attur Taluk, Salem and bury them in accordance with law.

2/6

2. The grievances of the petitioner is that adjacent to his patta land, the people of that village are burying and burning dead bodies, which is causing nuisance to the petitioner. Despite the complaints given by the petitioner, no action has been taken. Thus, the present writ petition came to be instituted.

3. The learned Special Government Pleader, appearing on behalf of the respondents 1 to 6, based on the written instructions given by the Revenue Tahsildar, Thalaivasal Taluk, Salem district, dated 7.1.2024, made a submission that the patta land belongs to the petitioner situate in Survey No.107/1. Eastern side of the pata land belonged to the petitioner, in Survey No. 107/2 measuring 0.60.0 hector, is a Government Poramboke land, classified as "burial ground". In the said burial ground, people belonging to all community are burying and burning the dead bodies. In respect of Hindu Valluvar Caste people of that village, they are burying the dead bodies in Survey No.106. In respect of Survey No.106, the land measuring 0.53.0 hectors is classified as Government Poramboke Vari.

4. There are encroachments in the said Government lands and the 3/6

authorities have already initiated action to evict the encroaches by following the procedures as contemplated under the Tamil Nadu Land Encroachments Act 1905. It is needless to state that encroachments in the Government lands have to be removed by following the procedures. In respect of burial ground, the authorities shall ensure that no inconvenience is caused to the other people of that locality or to the adjacent land owners because of the burial ground. Sufficient safety measures may be taken to prevent any unwanted incidents in that locality and so as to ensure that the dead bodies are buried or burnt in a specified place in accordance with law.

5. With these observations, the writ petition stands disposed of . No costs. Consequently, connected miscellaneous petition is closed. 01.02.2024 Index : Yes Speaking Order (sha) 4/6