A.Prabhakaran v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.45314 of 2025 and WMP No.50465 of 2025 A.Prabhakaran S/o.Ambethkar, No.443, VOC Street, Gerugambakkam Village, Kancheepuram-600 122.

Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Fort St. George, Chennai-600 009.

2.The District Collector Kancheepuram District, Collectorate Office, Kancheepuram-631 501.

3.The Revenue Divisional Officer Sriperumbudur Taluk,

4.The Tahsildar Kundrathur Taluk, 5.The Block Development Officer Kundrathur Block, 6.The President Gerugambakkam Village Panchayat, 7.The Executive Officer Gerugambakkam Village Panchayat Union, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus restraining the respondents from converting Government Poramboke land in Survey No.547, Gerugambakkam Village, Kancheepuram District into a burial ground/cemetery, and allotting an alternative suitable site in compliance with environmental safeguards, public health standards and principles of natural justice.

For Petitioner:

Mr.K.M.Kanishkaran for Mr.K.Muthuraman For Respondents:

Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition, styled as public interest litigation, has been filed seeking issuance of a direction to the respondents to alter the location of the burial ground.

2. According to learned counsel for the petitioner, the burial ground is set up on the land comprised in Survey No.547, which is in near proximity of schools and residential area. He submits that the Chairman and Vice-Chairman of the Panchayat have sent requisition for altering the location from Survey No.547 to Survey No.738/2.

3. We find that the so-called letter dated 9.9.2025 of the Panchayat does not show to whom it was sent. We cannot rely upon this letter.

4. Learned State counsel, upon instruction, informs that on 4.9.2025 a resolution was passed by the Panchayat and if the

petitioner is aggrieved by the resolution, he can file an appeal before the District Collector.

5. We find that the petitioner has submitted a representation before the District Collector on 8.9.2025. This representation shall be treated as appeal and decided by the second respondent/District Collector as expeditiously as possible.

The writ petition is disposed of accordingly, sans costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 27.11.2025 Index :

Yes/No :

Yes/No sasi

To:

1.The State of Tamil Nadu Rep. y its Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Fort St. George, Chennai-600 009.

2.The District Collector Kancheepuram District, Collectorate Office, Kancheepuram-631 501.

3.The Revenue Divisional Officer Sriperumbudur Taluk, 4.The Tahsildar Kundrathur Taluk, 5.The Block Development Officer Kundrathur Block, 6.The President Gerugambakkam Village Panchayat, 7.The Executive Officer Gerugambakkam Village Panchayat Union,

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

(sasi) W.P.No.45314 of 2025 27.11.2025