Madras High Court
P.Vijayan vs The District Collector on 9 October, 2023
W.P.(MD)No.19502 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.(MD)No.19502 of 2020
P.Vijayan .. Petitioner
Versus
1.The District Collector,
Theni District, Theni.
2.The District Revenue Officer,
Theni District, Theni.
3.The Thasildar,
Uthamapalayam Taluk, Theni District.
4.The Inspector of Police,
Gudalur South Police Station, Theni District.
5.The Village Administrate Officer,
Keela Gudalur Village,
Uthamapalayam Taluk, Theni District.
6.Selvantharan, S/o. Karunanidhi .. Respondents
[R6 is suo motu impleaded vide order dated 04.01.2021]
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents herein to take
appropriate action for removing the dead body of one Ranjithkumar, who has
been illegally buried in the petitioners landed property in the light of the
representation of the petitioner, dated 14.12.2020.
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W.P.(MD)No.19502 of 2020
For Petitioner : Mr.A.Sekar
For R1 to R3 and R5 : Ms.S.Jeyapriya
Government Advocate
For R4 : Mr.R.Sivakumar
Government Advocate (Criminal side)
For R6 : Mr.R.Karunanidhi
ORDER
This Writ Petition has been filed seeking for issuance of Writ of
Mandamus, to consider the representation made by the petitioner on
14.12.2020, wherein the petitioner sought for removal of dead body of one
Ranjith Kumar, who has been illegally buried in the property belonging to the
petitioner.
2. When the matter was taken up for hearing today, the learned
Government Advocate appearing on behalf of the respondents 1 to 3 and 5
submitted that there is a private dispute going on between the petitioner and
the sixth respondent and suits are also pending in O.S.Nos.42 of 2018 and 199
of 2018 before the Principal District Court, Madurai and the District Munsif
Court, Uthamapalayam, respectively.
3. The learned Government Advocate (Criminal side) appearing on
behalf of the fourth respondent submitted that the complaint given by the
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W.P.(MD)No.19502 of 2020
petitioner was closed in C.S.R.No.1 of 2021, on the ground that already a civil
suit is pending between the parties.
4. In the considered view of this Court, the revenue authorities will have
to take a decision in this case in line with the judgment of the Full Bench of
this Court in W.A.No.1037 of 2023, dated 20.07.2023 [Jagadheeswari and
others vs. B.Babu Naidu and others]. The Full Bench of this Court was
dealing with the issue with respect to burial of dead bodies in a place other
than the place already registered and licensed as a burial ground and was
considering the effect of the Tamil Nadu Village Panchayat (Provision of
Burial and Burning Grounds) Rules, 1999 read with the Tamil Nadu
Panchayats Act, 1994. The revenue authorities shall keep this in mind and
proceed further in accordance with law.
5. This Writ Petition is disposed of in the above terms. No costs.
NCC : Yes/No 09.10.2023
Index : Yes/No
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To
1.The District Collector,
Theni District, Theni.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19502 of 2020
2.The District Revenue Officer,
Theni District, Theni.
3.The Thasildar,
Uthamapalayam Taluk, Theni District.
4.The Inspector of Police,
Gudalur South Police Station, Theni District.
5.The Village Administrate Officer,
Keela Gudalur Village,
Uthamapalayam Taluk, Theni District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19502 of 2020
N.ANAND VENKATESH, J.
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W.P.(MD) No.19502 of 2020
09.10.2023
https://www.mhc.tn.gov.in/judis
