Devaki vs The District Collector
2024 Latest Caselaw 2121 Mad

Madras High Court

Devaki vs The District Collector on 1 February, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                      W.P(MD)No.26 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.02.2024

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 W.P(MD)No.26 of 2022
                Devaki                                               ... Petitioner
                                                         Vs.

                1.The District Collector,
                  Madurai District, Madurai.

                2.The Superintendent of Police
                  Madurai District, Madurai.

                3.The Tahsildar,
                  Melur Taluk,
                  Madurai District.

                4.A.Manavalan                                                ... Respondents

                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
                praying to issue a Writ of Mandamus, directing the second respondent herein to
                remove the dead body of the fourth respondent’s mother namely Alagumuthu
                buried on 11.11.2021 from the petitioner’s patta land bearing S.No.264,
                Attapatti Village, Melur Taluk, Madurai District, within the time limit fixed by
                this Court.
                                       For Petitioner    : Mr.T.K.Gopalan

                                       For R-1 to R-3    : Mr.B.Nambiselvan,
                                                         Additional Public Prosecutor
                                       For R-4           : Mr.S.Sukumaran

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                                                                                    W.P(MD)No.26 of 2022




                                                       ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus

directing the second respondent herein to exhume the dead body of the fourth

respondent’s mother, viz., Alagumuthu buried on 11.11.2021 in the petitioner’s

patta land bearing S.No.264, situated at Attapatti Village, Melur Taluk, Madurai

District.

2. The learned counsel appearing for the petitioner would submit

that the petitioner is the owner of the property in S.No.264, situated at Attapatti

Village, Melur Taluk, Madurai District. It is alleged that the fourth respondent

buried the body of his mother in the above said land.

3. The learned counsel appearing for the fourth respondent would

submit that since the body was buried on 11.11.2021, the body may be

decomposed.

4. The learned counsel appearing for the petitioner relied upon the

Full Bench Judgment of this Court in the case of Jagadheeswari and others

Vs. B.Babu and the Government Officials (W.A.No.1037 of 2023 dated

20.07.2023), wherein, this Court after confirming the order passed by the

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learned Single Judge has observed that no one is entitled to bury the dead

bodies in the patta land. Since the body was buried in the year 2021, the body

may be decomposed and hence, there is no purpose to issue a direction to

remove the body.

5. In view of the above, the Writ Petition stands disposed of. No

costs. However, liberty is granted to the petitioner to file a civil suit before the

concerned Court for restraining the parties to interfere with the peaceful

possession and enjoyment of the property.

                                                                                        01.02.2024

                Index             :Yes/No
                Internet          :Yes/No
                TSG
                To: -

                1.The District Collector,
                  Madurai District, Madurai.

                2.The Superintendent of Police
                  Madurai District, Madurai.

                3.The Tahsildar,
                  Melur Taluk,
                  Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

M.DHANDAPANI, J.

TSG

01.02.2024

https://www.mhc.tn.gov.in/judis