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Madras High CourtWP/33113/2022disposed of

K.Ramanathan (Deceased) v. The District Collector

2026-03-09Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 32518 OF 2022

1. K.Ramanathan (DECEASED) S/o.Kannu Gounder, Paramanandal Kollaikottai, Paramanandal Post, Chengam Taluk, Thiruvannamalai District. and another 2.R.Krishnan, S/o.K.Ramanathan, Paramanandal Kollaikottai, Paramanandal Post, Chengam Taluk, Thiruvannamalai District.

(P2-substituted as LR of deceased P1 as per order dated 10.09.2024 in WMP.26450/2024) Petitioner(s) Vs

1. The District Collector Office of The District Collector.

Thiruvannamalai District, Thiruvannamalai.

2.The Tashildar Office of The Tashildar, Thiruvannamalai District, Thiruvannamalai.

3.Ramananathan Panchayat President, Paramananthal, Chengam Taluk, Thiruvannamalai District.

4.Annamalai Union Councillor, Paramananthal, Chengam Taluk, Thiruvannamalai District.

5.Indhira, W/o.Late.K.Ramanathan, No.1073 Killakottai, Paramanandal Village,

Chengam Taluk, Thiruvannamalai District.

6.Venkatesan, S/o.Late.K.Ramanathan, No.1073, Killakottai, Paramanandal Village, Chengam Taluk, Thiruvannamalai District.

7.Paramasivan, S/o.Late.K.Ramanathan, No.1073, Killakottai, Paramanandal Village, Chengam Taluk, Thiruvannamalai District.

8.Thirumalai, S/o.Late.K.Ramanathan, No.1073, Killakottai, Paramanandal Village, Chengam Taluk, Thiruvannamalai District.

9.Jayanthi, D/o.Late K.Ramanathan, W/o.Selvaraj, Kalarbathy Village, Kuruberi Post, Tirupattur Taluk, Tirupattur District.

10.Eswari, D/o.Late K.Ramanathan, W/o.Anbu, Nayakkanur Village, Nayakkanur Post, Uthangiri Taluk, Krishnagiri District.

11.Seenuvasan, S/o.Late K.Ramanathan, Muthanur Village And Post, Chengam Taluk, Muniyannur Post, Thiruvannamalai District.

(R5 To R11 Are Impleaded As Per Order Dated 09.03.2026 In Wmp.26451/2024) Respondent(s) PRAYER Writ Petition, filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to consider the Petitioners representation dated 31.10.2022 and thereby consequently direct the 1st respondent to issue appropriate direction to the Respondents 2 to 4 their men

and agents in any manner unlawfuly attempting to convert the Petitioners private patta agricultural land measuring an extent of 0.35 cents comprised in S.No. 190/1A5B, Land measuring an extent of 0.03 1/2 cents comprised in S. No. 190/1A2 and land measuring an extent of 0.11 cents in S.No. 190/1A1D situated at Paramanandhal Village, Chengam Taluk, Thiruvannamalai District into absolute Thar road for the public to take the funeral procession to reach the cremation in S.no. 174 paramanandhal Village, Chengam Taluk, Thiruvannamalai District For Petitioner(s):

Dr.R.Gouri For Respondent(s):

Mr.T.K.Saravanan, AGP for R1 & 2 R5, R6, R8 to R10 No appearance R3, R4, 7 & R11-N/R/N

ORDER

This writ petition has been filed to direct the 1st respondent to consider the Petitioners representation dated 31.10.2022.

2. The learned counsel appearing for the petitioner would submit that in this case, the petitioner's land is used, by the residents of Paramanandhal Village, for the purpose of taking dead bodies to burial ground since there was no separate pathway for approaching said burial ground. However, till date, the said agricultural land of the petitioner was neither acquired nor converted into burial ground by the official respondents. Hence, this petition.

3. In reply, the learned counsel appearing for the official respondents would fairly submit that there is no direct pathway or road to reach out the burial ground and hence, the villagers are using the petitioner's land as a pathway for the purpose of carrying dead bodies, for past 40 years. Further, he would submit that the official respondents will take appropriate steps to acquire the subject land by following due process of law. Hence, he requests this Court to pass appropriate orders.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, it appears that the petitioner's land is used, by the residents of Paramanandhal Village, as a pathway for the purpose of taking dead bodies to burial ground since there was no separate pathway for approaching said burial ground. The said aspect was admitted by the official respondents.

6. In view of the above, for further utilisation of petitioner's land, this Court directs the official respondents to take appropriate steps to acquire the subject land by following the due process of law and form a pathway/ road for the villagers to reach out burial ground.

7. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 09-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Office of The District Collector.

Thiruvannamalai District, Thiruvannamalai.

2.The Tashildar Office of The Tashildar, Thiruvannamalai District, Thiruvannamalai.

3.Ramananathan Panchayat President, Paramananthal, Chengam Taluk, Thiruvannamalai District.

4.Annamalai Union Councillor, Paramananthal, Chengam Taluk, Thiruvannamalai District.

KRISHNAN RAMASAMY J.

nsa 09-03-2026