K.Krishnamoorthi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Krishnamoorthi ... Petitioner Vs.

1.The District collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Block Development Officer (Panchayat), Thiruverumbur, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to restrain Puthapuram Villagers and 62 Ward Pappakurichi Villagers do not take it away the dead body through Survey No.147/3C2 at Keela Mullakudi Village, Thiruverumpur Taluk, Tiruchirappalli District based on the petitioner's representation dated 07.10.2025.

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For Petitioner : Mr.A.Vadivel For Respondents : Mr.R.Ragavendran, Government Advocate for R1 & R2.

Mr.P.Thambidurai, Government Advocate for R3.

ORDER

Heard both sides.

2.It is not in dispute that S.No.147/3C2, Keela Mullakudi Village is a patta land and that it belongs to the writ petitioner. The grievance of the petitioner is that dead-bodies are taken by the villagers through his patta land. This obviously infringes the right of the writ petitioner. But the authorities cannot be blamed for the writ petitioner's condition. If I grant the relief sought for in this writ petition, I would be virtually passing an injunction order against an indeterminate class of persons. Even if an injunction order is granted, it will be very difficult for this Court to continuously monitor its implementation. It is only just and proper that the writ petitioner files a representative suit and obtains a decree and workout his rights in the manner known to law. The writ petitioner can definitely resist if any dead body is taken through his patta 2/4

land and if the writ petitioner is physically dealt with, the petitioner can give a police complaint and whoever had interfered with the writ petitioner's right will be dealt with as per law. Except making this observation, it is not possible to issue any writ of continuing mandamus. 3.This writ petition is disposed of accordingly. No costs. 27.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The Block Development Officer (Panchayat), Thiruverumbur, Trichy District.

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G.R.SWAMINATHAN, J.

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