Iruthayaraj v. The District Collector/Monitoring Committee,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)No.6730 of 2026 Iruthayaraj ... Petitioner vs.
1.The District Collector/Monitoring Committee, Trichy District, Trichy.
2.The Tahsildar, Manapparai Taluk, Trichy District.
3.The Block Development Officer, Vaiyampatti Panchayat Union, Trichy District.
4.Thomas Udaiyar 5.Augustin John Kennady ... Respondents 1/8
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to prevent the respondents 4 and 5 from converting the Government Poramboke land and pathway comprised in Survey No.614/16 situated at Nallampillai Village (T. Udaiyapatti), Manapparai Taluk, Trichy District as burial ground and further direct the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 therein by considering the representation dated 16.02.2026 and reminder dated 12.03.2026. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.P.Maharajan (R1 & R2) Special Government Pleader : Mr.P.Thilak Kumar (R3) Government Pleader
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 3 to prevent respondents 4 and 5 from converting the Government poramboke land and pathway comprised in 2/8
Survey No.614/16, situated at Nallampillai Village (T. Udaiyapatti), Manapparai Taluk, Trichy District, into a burial ground, and to further direct respondents 1 to 3 to remove the encroachment allegedly made by respondents 4 and 5 therein, by considering the petitioner's representation dated 16.02.2026 and the reminder dated 12.03.2026. 2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 1 and 2, and Mr.P.Thilak Kumar, learned Government Pleader, accepts notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the respondents 4 and 5 is dispensed with.
4.It is the contention of the petitioner that on the northern side of his property, a graveyard belonging to the Christian Udaiyar community is 3/8
situated in Survey No.614/15, and on the southern side, a graveyard belonging to the Christian Scheduled Caste community is situated in Survey No.614/25. On the eastern side lies a vacant land comprised in Survey No. 614/16. The said land is classified as Government poramboke in the revenue records and is being used as a pathway by the local residents, including the petitioner, for access to their respective houses and agricultural fields. It is further stated that a compound wall had been constructed around the graveyard in Survey No.614/15 by respondents 4 and 5 and members of their community, in order to prevent trespass by third parties. However, with an intention to expand the graveyard, respondents 4 and 5 allegedly demolished the southern side compound wall and commenced digging pits in Survey No.
614/16 for laying the foundation for a new compound wall. Aggrieved by the same, the petitioner submitted a representation dated 16.02.2026 before the concerned authorities seeking to restrain respondents 4 and 5 from converting Survey No.614/16 into a burial ground. As the said representation has not been considered so far, the present Writ Petition has been filed.
4/8
5.The learned Special Government Pleader appearing for respondents 1 and 2, on instructions, submitted that Survey No.614/15 is admittedly classified as a graveyard. However, with regard to the grievance of the petitioner concerning Survey No.614/16, it is submitted that the petitioner's representation dated 16.02.2026 will be considered by the authorities concerned. It is further submitted that a survey of the subject land will be conducted in the presence of all concerned parties, and appropriate action will be taken for removal of encroachment, if any. 6.
In view of the above submission, the authorities concerned are directed to conduct a survey of the land in question, after issuing notice to the petitioner, respondents 4 and 5, and all other necessary parties, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities shall take appropriate action for removal of the same, after affording sufficient opportunity of personal hearing to all parties concerned and by following due process of law, within a period of three months thereafter.
7.With the above directions, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. [N.S.K.,J.] [M.J.R.,J.] 27.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 6/8
To 1.The District Collector/Monitoring Committee, Trichy District, Trichy.
2.The Tahsildar, Manapparai Taluk, Trichy District.
3.The Block Development Officer, Vaiyampatti Panchayat Union, Trichy District.
7/8
N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
ps ORDER MADE IN DATED : 27.03.2026 8/8