C.Thirugnanam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.6753 of 2025 C.Thirugnanam ... Petitioner vs.
1.The District Collector, Thanjavur, Thanjavur District.
2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.
3.The Tahsildar, Peravurani Taluk, Thanjavur District.
4.The Block Development Officer, Sethupavachathram Panchayat Union, Thanjavur District.
5.Vumathanadu Panchayat, Represented through its Special Officer, Peravurani Taluk, Thanjavur District.
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6.K.Ravichandran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents to accord permission or classifying as burial ground to the sixth respondent or his men or agents for the land admeasuring 10 cents comprised in S.No.241/4A1 situated at Vumathanadu Village, Peravurani Taluk, Thanjavur District based on the petitioner's representation dated 22.03.2025 within the time limit stipulated by this Court.
For Petitioner : Mr.P.Pagalavan For RR 1 to 5 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by J. NISHA BANU, J.) The petitioner has filed the present Writ Petition for a Mandamus, forbearing the respondents to accord permission or classifying as burial ground to the sixth respondent or his men or agents for the land admeasuring 10 cents comprised in S.No.241/4A1 situated at Vumathanadu Village, Peravurani Taluk, Thanjavur District.
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2.According to the petitioner, the sixth respondent herein has filed a Writ Petition before the writ Court in W.P(MD)No.24385 of 2023 to direct the first respondent to accept his gift of 10 cents of land in S.No.241/4A1, Vumathanadu Village, Peravurani Taluk and Thanjavur District and classify the same as a burial ground for Agamudaiyar Community people of Aladikkadu Village and the writ Court, by order dated 19.12.2023 disposed of the Writ Petition stating that as and when, any death occurs in the Village, there shall not be any restriction in taking the dead bodies to the notified graveyard/cremation ground. It is the duty of the official respondents to ensure the same. Aggrieved over the same, the sixth respondent preferred a Writ Appeal before this Court in W.A(MD)No.805 of 2024 and this Court, by order dated 03.06.
2024, set aside the impugned order of the learned Judge and directed the sixth respondent herein to give his request which he has already made on 16.08.2023, by way of application in a proper format and directed the fifth respondent therein ie.
mater from the said Village, within a period of eight weeks. 3.The learned counsel appearing for the petitioner would submit that pursuant to the order passed in the Writ Appeal in W.A(MD)No.805 of 2024, the petitioner made an objection before the respondents. Since the petitioner was not a party to the Writ Petition as well as in the Writ Appeal, he could not able to make objections on behalf of his Villagers. When there is a burial ground for the sixth respondent's Villagers, they deliberately creating troubles so as to harass the petitioner's Village people. The proposed burial ground is located far away ie., more than 3 kms from the sixth respondent's Village and it is nearest to the petitioner's Village and located on the pathway which would cause disturbance to the peace and tranquility in the Village.
There is no necessity for the sixth respondent to establish the burial ground, when there is an existing burial ground available. With regard to the same, the petitioner has given a representation to the official respondents. Since his representation dated 22.03.2025 is kept pending till date without any progress, he has filed this Writ Petition with the aforesaid prayer.
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4.Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 5 would submit that the Division Bench of this Court in W.A(MD)No.805 of 2024, by order, dated 03.06.2024, directed the President of the Village Panchayat to consider the representation of the sixth respondent herein, after affording an opportunity of being heard to both the sixth respondent herein and the private respondent and also any other person, who has interest over the subject mater from the said Village. Since there is no post available for the President, Village Panchayat, the order passed by the Division Bench of this Court has not been complied with.
He further submitted that the fourth respondent/the Block Development Officer is the competent authority to pass appropriate orders and submitted that the representation of the petitioner would be considered by the fourth respondent and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court. 5.Considering the facts and circumstances of the case, we direct the fourth respondent to consider the representation of the petitioner dated 22.03.
light of the order passed by the Division Bench of this Court in W.A(MD)No.805 of 2024 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 02.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 6/8
To 1.The District Collector, Thanjavur, Thanjavur District.
2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.
3.The Tahsildar, Peravurani Taluk, Thanjavur District.
4.The Block Development Officer, Sethupavachathram Panchayat Union, Thanjavur District.
5.Vumathanadu Panchayat, Represented through its Special Officer, Peravurani Taluk, Thanjavur District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 02.04.2025 8/8