Shanmugasundaram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN IN WP NO. 46161 OF 2025 SHANMUGASUNDARAM S/o. Duraisamy, Chettipalayam, Alagumalai Village, Avinasipalayam Village, Tiruppur South Tauk, Tiruppur District-641 665 Petitioner(s) Vs The District Collector Office Of District Collector, Tiruppur District.

Respondent(s) Prayer: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India to grant an order of Ad-Interim injunction restraining the respondents from allowing anybody to bury dead bodies in the State Highways Road called Udumalpet to Dharapuram road at S.F.No.400 and 401 of Selampalayam Village of Dharapuram Taluk in Tiruppur District, pending disposal of the above writ petition.

For Petitioner(s):

Mr.N.Ponraj

For Respondent:

Mr.A.M.Ayyadurai Government Advocate for R1 to R5 Mr.S.Rajesh Govt. Advocate for R6

ORDER

Heard Mr.M.Ponraj, the learned counsel appearing for the petitioner, Mr.Ayyadurai, the learned counsel appearing for R1 to R5 and Mr.S.Rajesh, the learned Government Advocate appearing for R6.

2. The petitioner is the owner of the property situated at S.F.No.393/1B6B of Sellampalayam Village, Dharapuram Taluk, Tiruppur District. Adjacent to his property are situated two lands in S.F.Nos. 400 and 401. It is the grievance of the petitioner that the lands in S.F.Nos.400 and 401 are being used for the purpose of burying the dead unauthorisedly. Despite his intimation to the authorities, no action has been forthcoming. Hence he is before this Court by way of mandamus.

3. When the matter came up for admission on 09.12.2025, Mr.Ayyadurai took notice for R1 to R5 and sought time to get instructions. Hence, the matter was adjourned today. Today, when I took up the matter, Mr.Ayyadurai has produced the instruction from the Tahsildar, Dharapuram Taluk. The said instruction is scanned and extracted hereunder:

4. A perusal of the instruction shows that, S.F.No.400 has been vested with the Highways and S.FNos.400/1 and 400/3 have been classified as "ru;f;fhu; g[wk;nghf;F beL";rhiy", S.F.No.400/2 has been classified as "g[wk;nghf;F tha;f;fhy;" and S.F.No.401 yet again vest with the Highway property.

5. In terms of Section 172 of the Tamil Nadu Urban Local Bodies Act, 1998, any area which hitherto has been used as a burying or burial ground or crematorium on the date of commencement of the Act i.e. on and after 13.04.2023, has to be registered with the Local Body for continued usage. Section 172(3) of the Act also prohibits burial or burning of any corpse, except in the place registered, licensed or provided as under Section 172(1) and 172(2) of the Act. Even though the aforesaid survey numbers have been used as a burial ground, as it has not been registered, it attracted the mischief of Section 172(3). Hence, there shall be an order of interim injunction restraining the respondents from permitting any person to use S.F.Nos.400 and 401 as burial ground, pending disposal of the writ petition.

6. This order will not stand in the way of the sixth respondent to follow the appropriate procedure and notify the area as a burial ground.

7. Accordingly, this Writ Miscellaneous Petition is allowed. No costs. 11-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn To 1.The District Collector Office Of District Collector, Tiruppur District.

2.The Tahsildar Dharapuram Taluk, Tiruppur District.

3.The Executive Engineer Highways Department, Dharapuram, Tiruppur District.

4.The Divisiona Engineer Highways Department, Dharapuram, Tiruppur District.

5.The Village Administrative Officer Selampalayam Village, Dharapuram Taluk, Tiruppur District.

6.The Chinnakkampalayam Town Panchayat Rep. By Its Executive Officer, Chinnakampalyam, Dharapuram, Tiruppur District.

V.LAKSHMINARAYAN AN J.

IN WP NO. 46161 OF 11-12-2025