Madras High Court
M.Ramesh vs The District Collector on 3 March, 2023
W.P(MD)No.2576 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.2576 of 2023
M.Ramesh ... Petitioner
Vs.
1.The District Collector,
Pudukkottai District,
Pudukkottai.
2.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
3.The Deputy Superintendent of Police,
Ponnamaravathi,
Pudukkottai District.
4.The Revenue Divisional Officer,
Illupur Division,
Pudukkottai District.
5.The Inspector of Police,
Annavasal Police Station,
Pudukkottai District.
6.The Sub Inspector of Police,
Karaiyur Police Station,
Ponnamaravathi Taluk,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.2576 of 2023
7.The Panchayat President,
Arasamalai Village Panchayat,
Ponnamaravathi Taluk,
Pudukkottai District.
8.Nagalakshmi
9.Vallikannu ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents 1, 4
& 7 to take appropriate steps to exhume the dead body of Mr.Chinniah, the
husband of the 8th respondent illegally buried in the patta lands of the petitioner
in Survey No.99/2A of an extent of 43 cents in Arasamalai Village,
Ponnamaravthi Taluk, Pudukkottai District and further take appropriate legal
action against the respondents 8 & 9 for their illegal act.
For Petitioner : Mr.M.Karthikeyavenkitachalapathy
For Respondents : Mr.M.M.Lingadurai
Special Government Pleader for R1 & R4
: Mr.B.Thanga Aravindh
Government Advocate (Crl.side)
for R2, R3, R5 & R6
: Mr.N.Marimuthu for R8
: No appearance for R7
ORDER
Heard the learned counsel on either side.
2. There is a civil dispute between the petitioner on the one hand and the
private respondents on the other in respect of the petition mentioned land.
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W.P(MD)No.2576 of 2023
3. The injunction suit filed by the petitioner suffered dismissal in
December 2022, while the injunction suit filed by the 8th respondent was
decreed. The petitioner's counsel states that the certified copy of the Judgment
and decree is awaited and that he proposes to challenge the same before the
first appellate Court. It is further stated that during the pendency of the suit, the
petitioner enjoyed interim injunction.
4. I do not want to go into the issue of possession and it is left open. The
only question that calls for consideration is whether the 8th respondent was
justified in burying the dead body of her husband in the petition mentioned
land. The property is situated within the panchayat limits. As per the statutory
scheme governing the Tamil Nadu Village Panchayats (Provision of Burial and
Burning) Rules, 1989, a body can be buried or cremated only in a licensed
place. The petition mentioned land is not a licensed burial ground. Therefore,
the conduct of the 8th respondent is clearly illegal. The petitioner now wants
the dead body to be exhumed. The petitioner gives a further undertaking that
he himself will make all arrangements for exhumation and disposal of the body.
The respondents 5 & 6 are directed to provide necessary protection to enable
the petitioner to do so. If the 8 th respondent in the meanwhile comes forward
to make alternative arrangements, that shall be permitted.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.2576 of 2023
5. The petitioner is even ready to bear the cost for removal of the body
from the petition mentioned land. The only relief that is given to the petitioner
in this case is for directing the removal of the body of Chinniah that has been
buried in the petition mentioned lands. I consciously refrain from rendering
any finding as regards who is in possession.
6. The Writ Petition is allowed on these terms. No costs.
03.03.2023
Index : Yes / No
Internet : Yes/ No
rmi
To
1.The District Collector,
Pudukkottai District,
Pudukkottai.
2.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
3.The Deputy Superintendent of Police,
Ponnamaravathi,
Pudukkottai District.
4.The Revenue Divisional Officer,
Illupur Division,
Pudukkottai District.
5.The Inspector of Police,
https://www.mhc.tn.gov.in/judis
W.P(MD)No.2576 of 2023
Annavasal Police Station,
Pudukkottai District.
6.The Sub Inspector of Police,
Karaiyur Police Station,
Ponnamaravathi Taluk,
Pudukkottai District.
G.R.SWAMINATHAN, J.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.2576 of 2023
rmi
W.P(MD)No.2576 of 2023
03.03.2023
https://www.mhc.tn.gov.in/judis
