Amalraj Palanisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.13880 of 2026 Amalraj ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Special Tahsildar, Adi Dravidar Welfare Department, Palani Taluk, Dindigul District.

3.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

4.The Block Development Officer (Village Panchayat), Ottanchathiram Panchayat Union, Dindigul District.

5.Kulandhaivel 6.Karuppana Gounder 7.Thangavel 8.Sarasammal 9.Vellaichamy 10.Balusamy

...Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider and pass orders on the petitioner's representation dated 25.03.2026 in pursuance to the proceedings in Na.Ka.No.2225/2024/B4 dated 08.02.2026 to restore the burial ground within a time frame fixed by this Court.

For Petitioner : Mr.S.Indrajith For R1 to R4 : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for Government of Tamilnadu

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 4 to consider and pass appropriate orders on the petitioner's representation dated 25.03.2026, pursuant to the proceedings in Na.Ka.No.2225/2024/B4 dated 08.02.2026, for restoration of the burial ground.

2.By consent of the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr. B. Saravanan, learned Senior Counsel appearing for Mr. M.P. Senthil, learned counsel for the Government of Tamil Nadu, accepts 2/5

notice on behalf of respondents 1 to 4. Considering the limited relief sought by the petitioner, notice to respondents 5 to 10 is dispensed with.

4. According to the petitioner, the land comprised in Survey No. 204/6A, situated in M. Athappanpatti Revenue Village, has been used as a burial ground for several decades. It is alleged that the private respondents are now interfering with and obstructing the use of the said land as a burial ground. In this regard, the petitioner submitted a representation dated 25.03.2026 to the first respondent, requesting appropriate action against the private respondents. Since no action has been taken by the official respondents on the said representation, the petitioner has filed the present writ petition.

5. A perusal of the proceedings of the fourth respondent dated 08.02.2026 reveals that Survey No.204/6A belongs to private individuals. In our view, merely because the land has been used as a burial ground as a matter of fact, no direction can be issued to declare the said private land as a burial ground. In any event, if there is a necessity to use the said land as a burial ground for the benefit of the public, it is for the Government to take an appropriate decision in accordance with law, including 3/5

acquisition of the land by paying due compensation to the landowners, and thereafter take further action in this regard.

6. With the above directions, this writ petition is disposed of. No costs.

[N.S.K., J.] & [M.J.R., J.] 01.06.2026 Index :Yes/No Internet :Yes am To 1.The District Collector, Dindigul District.

2.The Special Tahsildar, Adi Dravidar Welfare Department, Palani Taluk, Dindigul District.

3.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

4.The Block Development Officer (Village Panchayat), Ottanchathiram Panchayat Union, Dindigul District.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

am W.P.(MD)No.13880 of 2026 01.06.2026 5/5