R.Leelavathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.17293 of 2023 R.Leelavathi ... Petitioner v.

1.The District Collector, O/o.District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Kadavur, Karur District.

4.Mani Bharathi ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents 1 to 3 1/4

from granting permission to the fourth respondent to use the petitioner's patta land in S.No.318/20 and 318/21 situated at Palaviduthi Village, Kulithalai Taluk, Karur District, as a Graveyard by considering the petitioner's representation dated 13.07.2023.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Sarangan, Additional Government Pleader for R.1 to R.3 *****

ORDER

The petitioner, with a grievance that a person has buried a dead body in his patta land and with an apprehension that the petitioner's land would be converted as a burial ground, has submitted a representation before the official respondents and has filed this writ petition forbearing the official respondents from converting the petitioner's patta land as a burial ground. 2.Learned Additional Government Pleader, on instructions, submitted that the petitioner's land has not been converted as a burial ground, however, one person has buried a dead body in the petitioner's land and it is for the 2/4

petitioner to take appropriate action as against the concerned person. He further submitted that the official respondents have already identified a burial ground in S.No.318/10.

3.This Court considered the rival submissions made on either side and perused the available materials.

4.The learned Additional Government Pleader has made it clear that the petitioner's patta land has not been declared as a burial ground. At the same time, it is admitted that a person has been permitted to bury a dead body in the petitioner's land. In the event if any such dead body has been buried without any authority, it needs to be removed by the revenue officials. 5.The respondents 1 to 3 are, therefore, directed to issue notice to the persons concerned and take necessary steps to shift the dead body from the petitioner's patta land to the actual burial ground. 3/4

B.PUGALENDHI, J.

gk Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 28.08.2023 NCC :

Yes / No gk To 1.The District Collector, O/o.District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Kadavur, Karur District.

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