Madras High CourtWP(MD)/22606/2019disposed of

Nainamohamed v. The District Collector

2025-11-10Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Nainamohamed .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Ram Nagar, Devakottai Division, 4.The Block Development Officer, Kannakudi Block, Sivagangai District.

5.The Assistant Director of Panchayat, Sivagangai District, Sivagangai.

6.The Tahsildar, Devakottai Taluk,

7.The Village Administrative Officer, Kappalur Group, Kappalur, Devakottai Taluk, Sivagangai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 herein to take necessary steps for reclassifying of the lands in Survey No.125/9D, Patta No.1257 of an extent of 7 cents and adjacent land in Survey No.125/9C, Patta No.728 of an extent of 10 cents in all totalling to 17 cents situate at Kalapam at Kalapam Sabavayal Village , Kappalur Group, Devakottai Taluk, Sivagangai District belongs to Vadakilkudi Tawheed Jamad from Punjai to Mayanam and further directed the respondents 5 to 7 to give necessary license for using the land as a burial ground as stipulated under the Rules of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999 based on the petitioner's representation dated 26.07.2019. For Petitioner : Mr.C.Jeyaprakash For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition is filed for the following relief: "To direct the respondents 1 to 4 herein to take necessary steps for reclassifying of the lands in Survey No.

125/9D, Patta No.1257 of an extent of 7 cents and adjacent land in Survey No.125/9C, Patta No.728 of an extent of 10 cents in all totalling to 17 cents situate at Kalapam at Kalapam Sabavayal Village , Kappalur Group, Devakottai Taluk, Sivagangai District belongs to Vadakilkudi Tawheed Jamad from Punjai to Mayanam and further directed the respondents 5 to 7 to give necessary license for using the land as a burial ground as stipulated under the Rules of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999 based on the petitioner's representation dated 26.07.2019."

2. When the matter is taken up for hearing today, it is informed by the learned Special Government Pleader that suit O.S.No.79 of 2023 is pending on the file of the District Munsif Court, Sivagangai with reference to the very same subject matter. Therefore, the authorities are not in a position to consider the request of the petitioner until the disposal of the suit and subject to the result of the suit, further action will be taken by the respondents.

3. Recording the same, this Writ Petition stands disposed of. No costs.

10.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Ram Nagar, Devakottai Division, 4.The Block Development Officer, Kannakudi Block, Sivagangai District.

5.The Assistant Director of Panchayat, Sivagangai District, Sivagangai.

6.The Tahsildar, Devakottai Taluk, 7.The Village Administrative Officer, Kappalur Group, Kappalur, Devakottai Taluk, Sivagangai District.

P.T.ASHA, J.

gbg 10.11.2025