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Madras High CourtWP(MD)/18907/2021disposed of

Murugesan @ Thirumalai Nambi v. The District Collector

2023-11-09Honourable Mr Justice N. Anand Venkatesh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.15732 of 2021 R.Murugesan @ Thirumalai Nambi ... Petitioner Vs 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Tahsildar, Bodinayakanur, Uthamapalayam Taluk, Theni District - 625582.

4.The Village Administrative Officer, Mela Chockanathapuram B-Karattupatti, 5.The Superintendent of Police, Theni District, Theni.

6.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

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7.The Inspector of Police, Bodinayakanur Taluk Police Station, 8.The Executive Officer, Mela Chockanathapuram Panchayat, B.Karattupatti, Uthamapalayam Taluk, Theni District.

9.The President, Mela Chockanathapuram Panchayat, B.Karattupatti, Uthamapalayam Taluk, Theni District.

10.The Secretary, Mela Chockanathapuram Panchayat, B.Karattupatti, ..Respondents (Respondent Nos.8 to 10 are impleaded vide Court Order dated 03.12.2021 in W.M.P.(MD).No.17153 of 2021 in W.P.(MD).No.18907 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents herein to take appropriate action to ensure, regulate and to follow the mandates prescribed under the provisions of the Tamil Nadu Village Panchayats ( Provision of Burial and Burning Grounds ) Rules 1999 in respect of the burial of deed bodies or burning any dead bodies only in the crematory ground exclusively earmarked, constructed in Survey No.228/C by the B.Karattupatti - Mela Chockanathapuram Village Panchayats, Bodinayakanur, Uthamapalayam Taluk, Theni District. 2/6

For Petitioner : Mr.R.Thangapandian For Respondents : Mr.R.Ragavendran, Government Advocate

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents herein to take appropriate action to ensure, regulate and to follow the mandates prescribed under the provisions of the Tamil Nadu Village Panchayats ( Provision of Burial and Burning Grounds ) Rules, 1999, in respect of the burial of deed bodies or burning any dead bodies only in the crematory ground exclusively earmarked, constructed in Survey No.228/C by the B.Karattupatti - Mela Chockanathapuram Village Panchayats, Bodinayakanur, Uthamapalayam Taluk, Theni District.

2. The issue involved in the present Writ Petition is covered by the Full Bench Judgment of this Court in the case of Jagadheeswari & Others Vs. B.Babu Naidu and Others reported in 2023 2 WL 159. Hence, the respondents are expected to comply with the directions given in the Full Bench Judgment.

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3. This Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 09.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District 3.The Tahsildar, Bodinayakanur, Uthamapalayam Taluk, Theni District - 625582.

4.The Village Administrative Officer, Mela Chockanathapuram B-Karattupatti, 5.The Superintendent of Police, Theni District, Theni.

6.The Deputy Superintendent of Police, 4/6

7.The Inspector of Police, Bodinayakanur Taluk Police Station, 8.The Executive Officer, Mela Chockanathapuram Panchayat, B.Karattupatti, Uthamapalayam Taluk, Theni District.

9.The President, Mela Chockanathapuram Panchayat, B.Karattupatti, Uthamapalayam Taluk, Theni District.

10.The Secretary, Mela Chockanathapuram Panchayat, B.Karattupatti, 5/6

N.ANAND VENKATESH, J.

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