← Library
Madras High CourtWP/17862/2024disposed of with direction

P.Krishnamurthy Chettiar v. The District Collector

2025-11-21Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and W.M.P.No.19598 of 2024 P.Krishnamurthy Chettiar S/o Panduranga Chettiar, No 42, Theradi Street, Thondamanatham Village, Puducherry 605 502 Petitioner(s) Vs

1. The District Collector, O/o The District Collector, Tiruvannamalai District.

2.The Revenue Divisional Officer O/o The Revenue Divisional Officer, Tiruvannamalai.

3.The Thasildar, O/o The Thasildar, Thandarampattu.

4.The Municipality Commissioner O/o The Municipality Commissioner Tiruvannamalai.

5.The Superintendent of Police, O/o The Superintendent Of Police, Tiruvannamalai District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 2 nd respondent to implement the order passed by the 1 st respondent in Oo.Mu.No.B2/265771/2022 dated 17.11.2022 within a time frame stipulated by this Hon'ble Court. For Petitioner(s):

Ms.V.Gayathri For Respondent(s):

Mrs.S.Anitha Special Government Pleader

ORDER

The present writ petition has been filed, seeking a Writ of Mandamus, to direct the 2 nd respondent to implement the order passed by the 1 st respondent in Oo.Mu.No.B2/265771/2022 dated 17.11.2022.

2. The learned counsel for the petitioner submits that the petitioner is the

owner of 51 cents of land in T.S.No.1826/1A1A, originally belonging to Munusamy Pandaram Vagaiara, from whom 251⁄2 cents were sold to one Ghouse Basha under a registered Sale Deed dated 04.04.1979. Thereafter, Southern Fertilizer Company purchased the remaining extent under a Sale Deed dated 02.11.1987, and the petitioner, being one of its Directors, was allotted his share under a registered Release Deed dated 21.04.1992. It is submitted that the petitioner has been in continuous possession of his allotted portion, but the local residents have been attempting to use the petitioner's patta land as a burial ground, contrary to the earlier orders of this Court that burial can only take place in land designated as a burial ground. Aggrieved by such interference, the petitioner made a detailed representation dated 10.10.

2022 to the District Collector, Tiruvannamalai, requesting protection of his land. The first respondent, by order dated 17.11.2022 in Oo.Mu.No.B2/265771/2022, forwarded the representation to the second respondent for appropriate action. However, the second respondent has not taken any steps till date, which compelled the petitioner to file the present writ petition.

3. Per contra, the learned Special Government Pleader submitted that the authorities are required to follow due procedure regarding disputes relating to burial grounds, and that appropriate action will be taken in accordance with law. It is further submitted that the respondents will abide by the statutory provisions under the Tamil Nadu District Municipalities Act, 1920 and the directions issued by the competent authorities, and that the writ petition need not be entertained at this stage.

4. Considering the facts and circumstances of the case, this Court finds that the petitioner's representation dated 10.10.2022, which was forwarded by the District Collector to the second respondent on 17.11.2022 for appropriate action, has not been disposed of. Since the grievance of the petitioner relates to alleged use of patta land as a burial ground, the second respondent is required to act strictly in accordance with the directions issued earlier by this Court, including in W.P.No.16127 of 2024. Therefore, without expressing any opinion on the merits of the dispute, the second respondent is directed to consider and dispose of the proceedings forwarded by the first respondent dated 17.11.2022.

5. The second respondent shall dispose of the proceedings forwarded by the first respondent dated 17.11.2022 strictly in terms of the orders passed by this Court in W.P.No.16127 of 2024, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. This writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

21-11-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector O/o The District Collector, Tiruvannamalai District 2.The Revenue Divisional Officer O/o The Revenue Divisional Officer, Tiruvannamalai 3.The Thasildar O/o The Thasildar, Thandarampattu 4.The Municipality Commissioner O/o The Municipality Commissioner Tiruvannamalai 5.The Superintendent Of Police O/o The Superintendent Of Police Tiruvannamalai District

M.DHANDAPANI, J.

kak 21-11-2025