Anitha Suresh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.23364 of 2025 Anitha Suresh .. Petitioner Vs.

1.The District Collector, Tenkasi District Tenkasi.

2.The Executive Officer, Alwarkurichi Town Panchayat, Tenkasi District.

3.The Chariman, Alwarkurichi Town Panchayat Tenkasi District.

4.The Tahsildar, Tenkasi Taluk, Tenkasi District.

.. Respondents (R4 is Suo Motu Impleaded Vide Court Order Dated 27.10.2025)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from putting up or constructing any crematorium, burial ground, or approach road thereto within the petitioner's private patta land comprised in S.No.1347, Alwarkurichi Village, Part-II, Tenkasi Taluk, Tenkasi District and consequently directing the respondents to ensure that no further burial or construction activity is undertaken in the petitioner's patta land, and that any such public facility is located only in the designated burial ground in S.No.1349 of Alwarkurichi Village or any other duly approved and licensed place in accordance with law. For Petitioner : Mr.S.Balamurugan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for the following relief : "forbearing the respondents from putting up or constructing any crematorium, burial ground, or approach road thereto within the petitioner's private patta land comprised in S.No.1347, Alwarkurichi Village, Part-II, Tenkasi Taluk, Tenkasi District and consequently directing the

respondents to ensure that no further burial or construction activity is undertaken in the petitioner's patta land, and that any such public facility is located only in the designated burial ground in S.No.1349 of Alwarkurichi Village or any other duly approved and licensed place in accordance with law."

2. When the matter is taken up for hearing today, the learned Additional Government Pleader on instructions would submit that the crematorium is proposed to be put up in Survey No.1349 which is the blue coloured portion in the sketch filed along with the report and not in the petitioner's land which is coloured in red, bearing Survey No.1347. The report would also state that there are four bodies which have been buried in the petitioner's patta land. The sketch circulated by the learned Additional Government shall form part and parcel of the order and the same is extracted as follows:

3. Recording the submission of the learned Additional Government Pleader, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

13.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Tenkasi District Tenkasi.

2.The Executive Officer, Alwarkurichi Town Panchayat, Tenkasi District.

3.The Chariman, Alwarkurichi Town Panchayat Tenkasi District.

4.The Tahsildar, Tenkasi Taluk, Tenkasi District.

P.T.ASHA, J.

gbg W.P.(MD) No.30252 of 2025 13.11.2025