Madras High Court
Subbaiah vs Ramasamy ... 1St on 13 July, 2021
W.A.(MD)No.1117 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1117 of 2021
and
C.M.P.(MD) No.4913 of 2021
Subbaiah ... Appellant / 5th Respondent
Vs.
1.Ramasamy ... 1st Respondent / Petitioner
2.The District Collector / Inspector of Panchayath,
Pudukkottai District,
Pudukkottai.
3.The Assistant Director (Panchayath),
Pudukkottai District,
Pudukkottai.
4.The Thasildar,
Ponnamaravathy,
Pudukkottai District.
5.The President,
P.Usilampatty Village Panchayath,
Ponnamaravathy,
Pudukkottai District. ... Respondents 2 to 5/Respondents 1 to 4
https://www.mhc.tn.gov.in/judis/
1/7
W.A.(MD)No.1117 of 2021
6.Karuppaiah
7.Jeyalakshmi ... Respondents 6 & 7 / Respondents 6 & 7
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 25.01.2021 in W.P.(MD)No.932 of 2021 on the file of
this Court.
For Appellant : Mr.D.Selvanayagam
for Mr.R.Sivalingam
For R – 1 : Mr.A.Prasanna Rajadurai
For RR 2 to 5 : Mr.A.K.Manikkam
Standing Counsel for Government
For RR 6 & 7 : No appearance
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.D.Selvanayagam, for Mr.R.Sivalingam, learned
Counsel appearing for the Appellant/fifth respondent, Mr.A.Prasanna Rajadurai,
learned counsel appearing for the first respondent and Mr.A.K.Manickam,
learned Standing Counsel for Government appearing for the respondents 2 to 5.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1117 of 2021
2.This writ appeal is directed against the order dated 25.01.2021,
passed in W.P(MD) No.932 of 2021.
3.The first grievance of the appellant is that the writ petition has been
disposed of without notice to the appellant. This submission appears to be
correct.
4.Be that as it may, the dispute involved in the present matter is
whether the land in question has been classified as a “burial ground” in the
revenue records.
5.The appellant would state that for several decades, the villagers
have been using the said land as a “burial ground”.
6.The learned counsel for the first respondent submitted that the land
is a private patta land and at the instigation of the appellant and others, dead
bodies have been buried.
7.As per the document issued from the office of the District Collector,
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W.A.(MD)No.1117 of 2021
Pudukottai, the land in survey No.317/6, is classified as "rh;f;fhh; khdhthhp
mdhjPdk;” (Sarkar Manavary Anatheenam).
8.When the writ petition was heard, on instructions from the official
respondents, the learned Government Advocate had represented that the land is
a patta land of the first respondent. Therefore, the Single Bench had disposed
of the writ petition. If such was the submission made on behalf of the official
respondents, we cannot find fault with the impugned order.
9. In any event, there is nothing on record to show that the land has
been classified as “kahdk;” (Mayanam). This has to be conclusively made
clear, so that the correct state of affairs would be allowed to prevail.
10.Therefore, we direct the fourth respondent to conduct an enquiry
after issuing notice to the appellant, the respondents 1, 6 and 7 as well as
President of the Village Panchayat, examining the revenue records and then take
a final decision in the matter and communicate such decision to the parties to
whom notice has been sent and also give a vide publicity to such an order. This
direction be complied with within a period of six weeks from the date of receipt
of a copy of this judgment.
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W.A.(MD)No.1117 of 2021
11.Since after the disposal of the writ petition no dead bodies are
buried, the same status-quo shall be continued till the orders are passed by the
Tahsildar, based on the above direction.
12.With the above directions, the writ appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
13.07.2021
Index : Yes / No
Internet : Yes / No
RM
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1117 of 2021
To
1.The District Collector / Inspector of Panchayath,
Pudukkottai District,
Pudukkottai.
2.The Assistant Director (Panchayath),
Pudukkottai District,
Pudukkottai.
3.The Thasildar,
Ponnamaravathy,
Pudukkottai District.
4.The President,
P.Usilampatty Village Panchayath,
Ponnamaravathy,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1117 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1117 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
