D.R.Vijay Bhasker v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.20497 of 2025 D.R.Vijay Bhasker .. Petitioner Vs.
1.The District Collector, Collectorate, Kokkirakulam, Tirunelveli.
2.The Executive Officer, Manur Panchayat Union, Manur, Tirunelveli.
3.The Block Development Officer (Panchayat), Manur Panchayat Union, Manur, Tirunelveli District.
4.The Church of South India Tr ust Association, Rep.by its Secretary, Palayamkottai, Tirunelveli 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 and 2 to prevent the usage of the lands in survey no.270/2, 270/4, 271/1, 271/3, and 272/1, Madavakurichi Revenue Village, Maur Taluk, Tirunelveli district as an illegal burial ground by considering the petitioner's representation dated 15.07.2025 in light of the full bench decision of this Hon'ble Court in Jagadeeshwari vs. Babu Naidu reported in 2023 3 L.W. 697, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader For R3 : Mr.M.Senthil Ayyanar Government Advocate For R4 : No Appearance
ORDER
This writ petition is filed for the following relief: "To direct the respondents 1 and 2 to prevent the usage of the lands in survey no.270/2, 270/4, 271/1, 271/3, and 272/1, Madavakurichi Revenue Village, Maur Taluk, Tirunelveli district as an illegal burial ground by considering the
petitioner's representation dated 15.07.2025 in light of the full bench decision of this Hon'ble Court in Jagadeeshwari vs. Babu Naidu reported in 2023 3 L.W. 697."
2. The petitioner is running an industry and there are various industries located in the village. While so, the 4th respondent had purchased around 3 acres of land in Survey Nos.270/2, 270/4, 271/1, 271/3 and 272/1 in Madavakurichi Revenue Village, Maur Taluk, Tirunelveli District and they started burying the remains of the members in the said land. Despite several persuasions, the 4th respondent is continuing the same. He further relied upon the judgment of the Hon'ble Full Bench of this Court in Jagadeeshwari Vs. Babu Naidu in 2023 3 L.W 697 where it has been held that, after the Rules of 1999 had come into force, any burial in the place other than the place registered or licensed as a burial ground is illegal and the local authorities were also directed to enforce the Rule and prevent illegal usage of private lands as burial ground.
3. In reply to the query under the Right to Information Act as to whether the petition mentioned land have been declared as notified burial grounds, the respondents 2 and 3 have replied that no permission or licence was obtained from the Panchayat under the Rules for usage of a burial ground. Therefore, the petitioner made a representation to the respondents on 15.07.2025 to the respondents to prevent the usage of the said lands as burial ground without obtaining licence. Since there has been no action on the said representation, the petitioner is before this Court.
4. Heard the learned counsels on either side.
5. Without going into the merits of the case, this Court directs the respondents 1 and 2 to consider the petitioner's representation, dated 15.07.2025 and pass orders, in accordance with law, after giving an opportunity of personal hearing to the petitioner and the 4th respondent, within a period of one month from the date of receipt of copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 30.10.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Collectorate, Kokkirakulam, Tirunelveli.
2.The Executive Officer, Manur Panchayat Union, Manur, Tirunelveli.
3.The Block Development Officer (Panchayat), Manur Panchayat Union, Manur, Tirunelveli District.
P.T.ASHA, J.
gbg 30.10.2025