K.Loganathan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Loganathan ... Petitioner -vs1.The District Collector O/o.The District Collector Dindigul, Dindigul District 2.The Superintendent of Police O/o.The Superintendent of Police Dindigul, Dindigul District 3.The District Highways Department Officer Highways Department Office Dindigul, Dindigul District 4.The Tahsildar West Tahsildar Office Dindigul, Dindigul District 5.The Inspector of Police Thadikombu Police Station Thadikombu, Dindigul District
6.Dhandapani 7.Mariyappan 8.Muthuraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents No.1 to 5 to take appropriate legal action against the respondents No.6 to 8 and others and to prevent them from encroaching and illegally establishing burial ground on the petitioner's private land in Survey No.1513/1B1 at Agaram Village, Dindigul West Taluk in Patta No.4169 and the adjacent land belonging to the 3rd respondent herein in Survey No.1516 and to consider the petitioner's representation dated 08.05.2025 within a time frame fixed by this Court. For Petitioner :
Mr.M.Suresh for Mr.K.Vijayan For Respondents :
Mr.J.Ashok Addl. Government Pleader for R1, R3 & R4 Mr.S.Ravi Additional Public Prosecutor for R2 & R5 Mr.B.Prasanna Vinoth for R6 & R7 R8 - Not ready in notice
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the respondents 1 to 5 to take appropriate legal action against the respondents 6 to 8 and others and to prevent them from encroaching and illegally establishing a burial ground on the petitioner's private land in Survey No. 1513/1B1 at Agaram Village, Dindigul West Taluk in Patta No.4169 and the adjacent land belonging to the third respondent herein in Survey No.1516 and to consider the petitioner's representation dated 08.05.2025 within a time frame fixed by this Court.
2. Learned Additional Government Pleader appearing for the respondents 1, 3 & 4, on instructions, submitted that the subject land in Survey No.1516 is classified as Government Poramboke Pathway and it belongs to the Highways Department. There is no licence to burry dead bodies in the said survey number. Despite the same, the villagers are using the said land as a burial ground.
3. It is the duty of the Revenue Department to identify the
alternate land in consultation of the people of the locality for burying dead bodies and to clear the Highways Department's properties enabling them to use their properties for road projects or some other public purposes. It is needless to state that burial of dead bodies are to be made in the licenced area and illegal burial in the unauthorized area is to be prevented by the competent authorities. In the present case, admittedly, burial of dead bodies is made in the property belonging to the Highways Department, which is impermissible under law. Thus, the respondents 1 & 4 are directed to identify any suitable land, in consultation with the people of the locality, for burial of dead bodies and issue proper licence for burial of dead bodies in the identified area and hand over the subject land to the Highways Department by following the procedures as contemplated. The said exercise is directed to be completed within a period of four months from the date of receipt of a copy of this order.
4. With the above directions, this writ petition is disposed of. No costs.
[S.M.S., J.] [A.D.M.C., J.] 04.08.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Collector, O/o.The District Collector, Dindigul, Dindigul District.
2.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul, Dindigul District.
3.The District Highways Department Officer, Highways Department Office, Dindigul, Dindigul District.
4.The Tahsildar, West Tahsildar Office, Dindigul, Dindigul District.
5.The Inspector of Police, Thadikombu Police Station, Thadikombu, Dindigul District.
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE , J.
krk 04.08.2025