B.Chandira v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.22999 of 2024 B.Chandira ... Petitioner Vs.
1.The District Collector, District Collectorate Complex, Madurai District.
2.The Revenue Divisional Officer, Melur Division, Madurai District.
3.The Commissioner, Melur Municipality, Madurai District.
4.The Tahsildar, Melur Taluk, Madurai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the 3rd respondent from permitting anyone to bury any corpse in the Cart Track in T.S.No.8, Block-8, Ward-D, Melur Municipality, Madurai District, based on the petitioners representation, dated 22.07.2024. 1/7
For Petitioner : Mr. M.Rajarajan For R1, R2 and R4 : Mr.C.Satheesh Government Advocate For R3 : Mr.A.Pandiarajan
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent Nos.1, 2 and 4 and the learned counsel for the third respondent.
2. The present Writ Petition has been filed for restraining the 3rd respondent from permitting anyone to bury any corpse in the Cart Track in T.S.No.8, Block-8, Ward-D, Melur Municipality, Madurai District, based on the petitioners representation, dated 22.07.2024.
3. The learned counsel for the petitioner would submit that the respondents have permitted the burying and burning of dead bodies on Cart Street, which is causing considerable inconvenience to the petitioner and the residents of Melur village. It is further submitted that the aforesaid cart track 2/7
runs adjacent to the petitioner's 10 acres of agricultural land. It is also submitted that within the municipal area, there is no proper crematorium within a distance of 1.5 kilometers for the benefit of all the residents to perform the last rites of deceased persons.
4. The learned counsel for the petitioner would further submit that this practice has been deprecated by the Full Bench of this Hon'ble High Court in the decision rendered in Jagadheeswari and Others vs. B. Babu Naidu and Others (W.A. No. 1037 of 2023), reported in (2023) 3 LW 697 (FB).
5. The learned counsel for the petitioner submitted that although the aforesaid decision was rendered in the context of the Tamil Nadu Panchayats Act, 1994, a similar provision has been incorporated under Section 172 of the Tamil Nadu Urban Local Bodies Act, 1998. It is submitted that despite the existence of such a provision, the practice of allowing the burning and burying of dead bodies continues on the aforesaid poramboke land, which is being used as a cart track.
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6. The learned counsel for the third respondent would submit that no permission has been granted for any burial on the pathway and therefore supports the case of the petitioner.
7. On the other hand, the learned counsel for the first respondent would submit that the report of the second and third respondents calls for action, as they have recommended earmarking a portion of the land abutting the cart track for use as a burial ground/crematorium. A copy of the communication, dated 10.06.2025 bearing reference Na.Ka.No.3250275/2025/J4 is made to the conclusion arrived at, which reads as under:
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8. Reading of the above indicates that the decision has been taken to regularize the practice by setting up a burial ground/crematorium at the place where, presently practice has been carried by the residents.
9. Considering the fact that a decision has already been taken, as mentioned above, the prayer in this writ petition cannot be granted at this stage. However, it is open to the petitioner to challenge the aforesaid communication dated 10.06.2025 issued by the first respondent, in the manner known to law.
10. With the above liberty, this Writ Petition is disposed of. No costs. 11.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 5/7
To 1.The District Collector, District Collectorate Complex, Madurai District.
2.The Revenue Divisional Officer, Melur Division, Madurai District.
3.The Commissioner, Melur Municipality, Madurai District.
4.The Tahsildar, Melur Taluk, Madurai District.
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C.SARAVANAN, J.
Indu W.P(MD) No.22999 of 2024 11.07.2025 7/7