A.Naveen v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN A.Naveen : Petitioner Vs 1.The District Collector Erode District, Erode.

2.The Tahsildar Modakurichi Taluk Modakurichi Erode District .

3.The Block Development Officer Modakurichi Panchayat Union Modakurichi, Erode District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing respondents 1 and 3 from constructing crematorium in S.F. No.138/1, Punjaikalamangalam Village, Erode District.

For Petitioners :

Mr.C.Prakasam For Respondents :

Mr.M.Habeeb Rahman, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to the continuance of the existing crematorium at S.F.No.138/1, Punjaikalamangalam Village, Erode District, is premised mainly on the submission that the crematorium is on a land which is proposed for laying down pipeline, and that it is near a petrol bunk.

2. The learned counsel for the respondents has also placed on record the complete details along with photographs. What is not in dispute is that it is not that a new cremation ground is being established. The subject land has since long been recorded as a cremation ground. All that has happened is that a better construction has been provided for the purpose of cremation of dead bodies.

3. Since the cremation, according to the photographs, is in public view from the main road, all that may be necessary is to create a wall, so that it may not come directly in the view of the travelling public on the highway.

4. We, accordingly, direct the local authorities to look into the matter and create a proper obstruction of view from the main highways. More than that, no further order is required to be passed.

5. The petition stands closed. There will be no order as to costs. Consequently, WMP No.41800 of 2024 is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 10.11.2025 Index : Yes/No : Yes/No tar To 1.The District Collector Erode District, Erode.

2.The Tahsildar Modakurichi Taluk Modakurichi Erode District .

3.The Block Development Officer Modakurichi Panchayat Union Modakurichi, Erode District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 10.11.2025