[Cites 1, Cited by 0]
Madras High Court
K.Mathivanan vs The District Collector on 26 February, 2026
Author: G.Jayachandran
Bench: G.Jayachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
W.P(MD)No.3927 of 2026
K.Mathivanan ... Petitioner
.Vs.
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Tahsildar,
Pattukkottai Division,
Pattukkottai,
Thanjavur District.
3.The Tahsildar,
Pattukkottai Taluk,
Thanjavur District.
4.The Block Development Officer,
Pattukottai, Thanjavur District.
5.The Executive Officer,
Soorapallam Revenue Village,
Pattukkottai Taluk,
Thanjavur District.
1/8
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6.The Village Administrative Officer,
Soorapallam Village,
Pattukkottai,
Thanjavur District.
7.T.Rajappan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus
directing the respondents 1 to 4 to remove the encroachments
made by the 7th respondent in S.No.295/2 of Soorapallam Village,
Pattukkottai Taluk, Thanjavur District which is classified as
‘Mayanam’ as per the Revenue A Register by providing pathway
to reach the Mayanam land situated in S.No.295/2 of Soorapalla
Village, Pattukkottai Taluk, Thanjavur District based on the
petitioner’s representation, dated 21.12.2025.
For Petitioner : Mr.V.Sasikumar
For R1 to R6 : Mr.P.Thilak kumar
Govt. Pleader
For R6 : M/s.J.Anandhavalli.
ORDER
(Order of the Court was made by DR.G.JAYACHANDRAN)
The Public Interest Litigation was filed mixing certain facts
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with an intention to confuse the Court, particularly, the prayer in
the Writ Petition as below:
‘’to issue a Writ of Mandamus directing the respondents 1 to
4 to remove the encroachments made by the 7th respondent in
S.No.295/2 of Soorapallam Village, Pattukkottai Taluk, Thanjavur
District which is classified as ‘Mayanam’ as per the Revenue A
Register by providing pathway to reach the Mayanam land
situated in S.No.295/2 of Soorapalla Village, Pattukkottai Taluk,
Thanjavur District based on the petitioner’s representation, dated
21.12.2025’’.
2.This Court, in the earlier round of litigation, a Writ Petition
is filed by one Rajappan in W.P(MD)No.16486 of 2025 and has
sought for the prayer that S.No.67/1 and 296/1 of Soorapallam
Village, Pattukkottai tluk, Thanjavur District may not be used for
burying dead bodies, allowed the Writ Petition stating that unless
the land is identified and classified as ‘Mayanam’, there cannot be
any burial of bodies. This order was was based on the order of the
Full Bench of this Court in W.A.No.1037 of 2023, dated 20.07.2023,
in which, one of us has authored that judgment. Now the issue is
whether there is any notified Mayanam in that village and
whether it has been encroached by any of the private parties. As
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stated earlier, if there is any encroachment in any other place by
the seventh respondent, it cannot be mixed with the issue of laying
pathway for the Mayanam for the village located in S.No.295/2.
However, to reach Mayanam, public has to cross the patta land.
3.The learned counsel for the seventh respondent states that
there is no dispute regarding the nature of the land in S.No.295/2
and even according to the Petitioner, land in S.No.295/2 which is
classified as ‘Mayanam’ is not put to use for more than 50 years.
The Village ‘A’ Register extract which indicates that S.No.295/2 is
Mayanam, is not the true reflection of the revenue register.
4.This Court on perusing the records finds that in the earlier
round of litigation which we have mentioned above, there is an
observation by the learned Single Judge that in the ‘A’ Register
S.No,295/2 of Soorapalam village is mentioned as Mayanam.
Also a finding to the effect that S.Nos.67/1 and 296/1 is not a
notified place for burning dead bodies.
5.The learned counsel for the seventh respondent states that
unless and until S.No.295/2 is notified as burial ground, the same
cannot be used for burying bodies. She also sates that in the said
village, each community has their own burial ground and S.No.
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295/2 is not used as burial ground for more than 50 years.
6.These are the matters to be decided on conducting proper
enquiry by the revenue officials. In a Writ Petition, we cannot fix
any place as burial ground unless it is duly supported by revenue
records. The prayer in the Writ Petition is two fold. One is to
remove the encroachment in S.No.295/2 and another one is to
provide pathway to reach the Mayanam. The second prayer will
arise only when there is certainty about the location of the
Mayanam in S.No.295/2. We find that Village ‘A’ Register of the
Village show that S.No.295/2 as Mayanam. Whether it is notified
as Mayanam in the revenue records has to be examined.
7.Therefore the District Collector, Thanjavur District/first
respondent herein is directed to first examine the revenue records
and decide whether S.No.295/2 has been notified as Mayanam.
Before arriving at a conclusion, he shall give adequate
opportunity to the parties and conduct an enquiry and thereafter,
take a decision whether the said Mayanam requires any pathway
and how to provide pathway and take appropriate decision.
8.With the above observations, the Writ Petition stands
dismissed. No costs.
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[G.J.,J.] [K.K.R.K.,J.]
26.02.2026
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Tahsildar,
Pattukkottai Division,
Pattukkottai,
Thanjavur District.
3.The Tahsildar,
Pattukkottai Taluk,
Thanjavur District.
4.The Block Development Officer,
Pattukottai, Thanjavur District.
5.The Executive Officer,
Soorapallam Revenue Village,
Pattukkottai Taluk,
Thanjavur District.
6.The Village Administrative Officer,
Soorapallam Village,
Pattukkottai,
Thanjavur District.
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DR.G.JAYACHANDRAN, J.
and
K.K.RAMAKRISHNAN,J.
vsn
ORDER MADE IN
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26.02.2026
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