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Madras High CourtWP/26349/2023dismissed

N.Chinnakulandhai v. The District Collector

2026-03-17Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY N.Chinnakulandhai, S/o.Nattappa, 249, Metttu Street, Pallaediyampatti, Virupakshipuram, Thorapadi, Vellore Corproation, Vellore District.

Petitioner(s) Vs 1.The District Collector, Velore District, Vellore.

2.The Revenue Divisional Officer Cum Sub Divisional Adminsitrative Magistrate, Vellore.

3.The Tahsildar, Vellore Taluk, Vellore District.

4.The Inspector Of Police, Bagayam Police Station, Vellore District.

5.V.S.Raja, S/o.Subramani, No.2, Perumal Kovil Street, Virupaatchipuram Village, Vellroe Taluk, Vellore District.

6.S.Vijaya, W/o.V.K.S.Mani, No.2, Perumal Kovil Street, Virupaatchipuram Village, Vellore District.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondents 1 to 3 to mutate the revenue records as burial ground in respect of land in S.No.195/2, Virupakshipuram Village, Vellore District, based on the representation of the petitioner dated 16.06.2023.

For Petitioner(s):

Mr.C.Prabakaran For Respondent(s):

Mr.T.K.Saravanan Additional Government Pleader For R1 to R3 Mr.R.Venkatesa Perumal Government Advocate (Crl.Side) Mr.T.V.G.Kartheeban For R5

ORDER

This writ petition has been filed seeking to direct the respondents 1 to 3 to mutate the revenue records as burial ground in respect of land in S.No.195/2, Virupakshipuram Village, Vellore District, based on the representation of the petitioner dated 16.06.2023.

2.Learned counsel for the petitioner would submit that the land in S.No.195/2, Virupakshipuram Village, Vellore District has been used as burial ground by the villagers. However, the Government has wrongly allotted the said land to one Veerasamy under the scheme named "Aadi Dravidar Welfare

Scheme". The legal heirs of said Veerasamy sold the said land to one Vijaya, who in turn settled the same in favour of the 5th respondent herein. Therefore, the petitioner and the other villagers have made a representation dated 16.06.2023 to the 3rd respondent, requesting to remove the encroachment made by the 5th respondent in the burial ground and to get back the burial ground back to the villagers and to mutate the revenue records. Since the representation was not considered the present writ petition has been filed. 3.Learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the land in S.No.195/2, Virupakshipuram Village, Vellore District is classified as Government Poramboke land, which was allotted to one Veerasamy.

After the death of the said Veerasamy, his legal heirs sold the said land to one Vijaya, who in turn settled the same in favour of the 5th respondent herein. He would further clarified that only the land in S.No.631/2A has been used as burial ground by the villagers, which is adjacent to S.No.195/2. Therefore, the representation of the petitioner seeking to mutate the revenue records of S.No.195/2 cannot be done since the burial ground situates only in S.No.631/2A. He has also produced the communication given by the 3rd respondent in this regard before this Court and the same is recorded.

4.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondents 1 to 3, learned Government Advocate (Crl. side) appearing for the 4th respondent and the learned counsel appearing for the 5th respondent.

5.Considering the submissions made by either parties, this Court is of the view that as rightly contended by the learned Additional Government Pleader appearing for the respondents 1 to 3, since the burial ground situates in S.No.631/2A, Virupakshipuram Village, Vellore District, no orders can be passed to mutate the revenue records in respect of S.No.195/2, which is adjacent land to the S.No.631/2A. The land in S.No.195/2 has been originally allotted to one Veerasamy and now the 5th respondent owns the said land. The petitioner has made the representation dated 16.06.2023 on misconception and hence, the same cannot be considered positively for the aforesaid reasons. 6.In view of the above, this writ petition stands dismissed. No costs. 17-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector, Velore District, Vellore.

2.The Revenue Divisional Officer Cum Sub Divisional Adminsitrative Magistrate, Vellore.

3.The Tahsildar, Vellore Taluk, Vellore District.

4.The Inspector Of Police, Bagayam Police Station, Vellore District.

KRISHNAN RAMASAMY J.

rst 17-03-2026