Appavu P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.7850 of 2025 P.Appavu ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, 3.The Tahsildar, Viralimalai Taluk, 4.The Block Development Officer, Panchayat Union Office, Viralimalai, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from allowing burial and 1/4

cremation of dead bodies in S.F.No.62 situated in Venkadanayagan Urani, Akkalnaickanpatti Village, Viralimalai Taluk, Pudukkottai District and consequently directing the respondent to evict the encroachment made in S.F.No.62 situated in Venkadanayagan Urani, Akkalnaickanpatti Village, Viralimalai Taluk, Pudukkottai District by considering the petitioner's representations dated. 27.12.2024 and 06.01.2025. For Petitioner : Mr.S.Krishnan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.G.V.Vairam Santhosh Additional Government Pleader for R.4

ORDER

Heard both sides.

2.The petitioner wants this Court to direct the respondents to prevent the burial and cremation of dead bodies in Survey No.62, Akkalnaickanpatti Village.

3.The learned Special Government Pleader points out that Survey No. 62/1 has been classified as "Orani".

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4.The Hon'ble Full Bench of this Court in the decision reported in 2023-2-Writ L.R.159 (Jagadheeswari & Others Vs B.Babu Naidu & Others) had held that dead bodies can be cremated / buried only in the notified places. Admittedly, Survey No.62 is not one such notified place. Therefore, the relief sought for has to be granted.

5.This Writ Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 22.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, 3.The Tahsildar, Viralimalai Taluk, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 4.The Block Development Officer, Panchayat Union Office, Viralimalai, 22.04.2025 4/4