Ar.Aritheertham v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN A.R.Aritheertham ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

3.The District Revenue Officer, District Revenue Office, 4.The Tahsildar, Alangudi Taluk Office, Pudukkottai District.

5.The Sub Inspector of Police, Vallathirakottai Police Station, Vallathirakottai, Pudukkottai District.

6.Natarajan ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 and 5 to remove the encroachment made by the 6th respondent in the land comprised in S.No.31/2, situated at Vallathirakottai Village, Alangudi Taluk, Pudukkottai District which is used as Community Burial Ground for time immemorial, in accordance with law by considering the petitioner's representations dated 14.01.2019, 21.01.2019 and 28.02.2019 and consequently to save the Burial Ground by taking appropriate action.

For Petitioner : Mr.A.K.Gopalan For R-1, R-3 & R-4: Mr.P.Thilak Kumar Government Pleader For R-2 & R-5 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.ARUL MURUGAN, J.) The Writ Petition is filed seeking for Mandamus to direct the respondents 1 and 5 to remove the encroachments made by the sixth respondent in Survey No.31/2, Vallathirakottai Village, Alangudi Taluk, Pudukkottai District, which is earmarked as burial ground.

2. The learned Government Pleader, on written instructions of the fourth respondent dated 01.07.2025, submits that survey was conducted in the subject land and it was found that the land in Survey No.31/2 is a 'Wari Poromboke' and there is no encroachment found as on date. Further, in respect of the road leading to the burial ground, a blacktopping road has been laid to maintain the ground. It is also submitted that a fencing has been made around the burial ground and the authorities are ensuring that there is no encroachment in the same.

3. Recording the above submission, this Writ Petition stands dismissed. There shall be no order as to costs.

(S.M.S.,J.) (G.A.M.,J.) 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Office of the District Collector,

2.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

3.The District Revenue Officer, District Revenue Office, 4.The Tahsildar, Alangudi Taluk Office, Pudukkottai District.

5.The Sub Inspector of Police, Vallathirakottai Police Station, Vallathirakottai, Pudukkottai District.

S.M.SUBRAMANIAM,J.

and G.ARUL MURUGAN,J.

Lm 11.08.2025