Anbu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.33791 of 2024 Anbu .. Petitioner Vs.
1.The District Collector, Cuddalore District, Cuddalore.
2.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
3.The Tahsildar, Tittagudi Taluk, Cuddalore District.
4.The Executive Officer, Pennadam Town Panchayat, Cuddalore District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 to 4 to permit the dead bodies to bury without any disturbance, interfering any private parties, and take appropriate action as against those who obstructing, subsequently ensure the legal right of decent burial of the Athi dravidar community people at the allotted Government burial ground, which is
situated at T.Agaram Pennadam Town Panchyath, Comprised in Survey No. 53,measuring about 2.53.00 hectares Ares south part in T.Agaram Pennadam Town Panchayath, Tittaduti-Taluk Cuddalore-District in pursuance of the order passed in Na.Ka.A1/3202/2023 dated 07.11.2023 by the 3rd respondent.
For Petitioner .. Mr.K.Karuppaiya Mooppanar For R1 to R4 .. Mr.T.Chandrasekaran, Special Government Pleader.
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondent to permit burial of dead bodies to bury without any disturbances.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner is a ward councillor in the 4th respondent Town Panchayat namely, Pennadam Town Panchayat in Cuddalore District. It was stated that there was no proper burial ground for Adi-Dravidar community people. It is under those circumstances seeking protection from disturbance for burying the dead bodies this Writ Petition has been filed. 3.A counter affidavit has been filed, wherein it had been stated as follows:
"7.It is submitted that by considering the representation of
the petitioner and all the above said issues, action is being taken to classify an extent of 0.50 cents of land in Survey No.82/4B of Agaram Village as "Burial Ground for Adi-dravidar community people". Hence, the land to an extent of 2.53.00 Hectares in Survey No.53 of T.Agaram Village will always be maintained as Water Course Kuttai Poramboke."
4.Taking note of the aforementioned undertaking given by the respondents, that 50 cents of land in S.No.82/4B of Agaram Village would be earmarked for burial ground for Adi-Dravidar community people, this Writ Petition stands disposed. The petitioner may advice the Adi-Dravidar community people in his area to utilize the land now being allotted for burial purposes. No costs.
5.There is a representation by a third party. If the proposed allotted place is to be objected by any person, then in manner known to law such objections may be taken note.
07.01.2025 Index:Yes/No Internet:Yes/No smv C.V.KARTHIKEYAN,J.
smv To 1.The District Collector, Cuddalore District, Cuddalore.
2.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.
3.The Tahsildar, Tittagudi Taluk, Cuddalore District.
4.The Executive Officer, Pennadam Town Panchayat, Cuddalore District.
W.P.No.33791 of 2024 07.01.2025