Madras High Court
Mrs.Rasul Bivi vs The District Collector on 25 June, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.30845 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.30845 of 2019
and
W.M.P.No.30927 of 2019
Mrs.Rasul Bivi ...Petitioner
-Vs-
1.The District Collector,
Master Plan Complex,
Nagapattinam Road,
Tiruvarur – 610 004.
2.The Revenue Divisional Officer,
Master Plan Complex,
Nagapattinam Road,
Tiruvarur.
3.The Tahsildar,
Valangaiman Post,
Tiruvarur.
4.The Village Administrative Officer,
Avoor Village,
Valangaiman Taluk,
Tiruvarur.
5.The Block Development Officer,
Block Development Office,
Senaiyar Street,
Valangaiman Post,
Tiruvarur.
6.The Superintendent of Police,
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W.P.No.30845 of 2019
Tiruvarur District,
Tiruvarur.
7.Tamil Nadu Towheed Jamaath
Represented by its District Secretary
Mr.Mujibur Rahman,
No.66, 2nd Street,
Nachitra Nagar,
Rajasaraboji College,
Tanjavur Town,
Tanjavur.
8.The Executive Officer / President,
Avoor Village Panchayat,
Valangaiman Taluk,
Tiruvarur. ...Respondents
**R8 impleaded as per order dated 12.11.2019 made in
W.M.P.No.31980 of 2019 in W.P.No.30845 of 2019 by
PDAJ
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Mandamus,
directing respondents 1 to 6 to restrain the 7th respondent from converting the
private housing vacant site at Usmaan Nagar in Plot No.53 in R.S.No.330/1,
Avoor Village, Valangaiman Taluk, Tiruvarur District as burial ground and
further restrain and prevent the 7th respondent and their men or agents or any
person burying dead bodies in the said plot and pass such further orders.
For Petitioner : Mr.I.Abdul Basith
For R1 to R6 : M/s.M.Jayanthy
Additional Government Pleader
For R7 : No appearance
ORDER
https://www.mhc.tn.gov.in/judis 2/10 W.P.No.30845 of 2019 This writ petition is filed for issuance of a Writ of Mandamus, directing respondents 1 to 6 to restrain the 7th respondent from converting the private housing vacant site at Usmaan Nagar in Plot No.53 in R.S.No.330/1, Avoor Village, Valangaiman Taluk, Tiruvarur District as burial ground and further restrain and prevent the 7th respondent and their men or agents or any person burying dead bodies in the said plot.
2. The facts of the case in a nutshell:-
2.1 The petitioner has purchased vacant land from one Hadija Begum and one Kurshid Begum to an extent of 1 acre and 0.51 acres in R.S.Nos.330/1, situated in Avoor Village, Valangaiman Taluk, Tiruvarur District by way of a registered sale deed vide Document No.2086/2007 and Document No.2149/2007 registered before the S.R.O Valangaimaan. In the above said land, the Petitioner has formed an approved residential layout and named it as U.Usman Nagar with 56 plots with a total extent of 1.51 acres after getting proper sanction from the 5th respondent in resolution No.103 dated 25.04.2012. Subsequently, the Petitioner has entered into a sale agreement in respect of 40 plots situated in U.Usman Nagar, R.S.Nos.330/1, Avoor Village, Valangaiman Taluk, Tiruvarur District.
https://www.mhc.tn.gov.in/judis 3/10 W.P.No.30845 of 2019 2.2 It is seen that one Savuruvam Beevi W/o Kamaludeen (alleged belonging to the ideology of Tamil Nadu Towheed Jamaath) has purchased a property to an extent of 87.79 sq.mt. and 91.27 sq mt. in Plot No.53 and 54 in R.S.Nos.330/1, Avoor Village, Valangaiman Taluk, Tiruvarur District for residential purposes from the Petitioner. While so, on the demise of one Late Abusaali father of the said Savuruvam Beevi, the 7th respondent herein and their members have raised a dispute with local Jamaath regarding burial of the said Late Abusaali. Thereafter, the said Savuruvam Beevi, the 7th respondent and their members tried to bury the body of the said Late Abusaali at the said Usman Nagar Plot No.53, in spite of burial ground available within 300 Meters in the said village in a land belong to Jamia Masjid Aavoor Sunnath Jamaath. During the course, due to the objection raised by the local Jamaathars, the 3rd respondent intervened and organized a peace meet between the 7th respondent and Sunnath Jamaath on 08.05.2019, whereas, the Petitioner and other plot owners of the said Usman Nagar were deliberately left out from the said peace committee.
2.3 Pursuant to the agreement between the 7th respondent and Sunnath Jamaath in the said peace committee, the 3rd respondent has been allowed illegal burial of the said Late Abusaali in the said housing private https://www.mhc.tn.gov.in/judis 4/10 W.P.No.30845 of 2019 patta land at Usman Nagar in Plot No.53 on 08.05.2019 not only without taking into consideration the health hazard and welfare of the people living nearby but also in violation of prevailing law and without any license as prescribed under the Rule of Tamil Nadu Village Panchayat (Provision for Burial and Burning grounds) Rules 1999. The said Savuruvam Beevi has sold the plot No.53 to an extent 87.79 sq. mt. to the 7th respondent by way of a registered sale deed vide Document No.1139/2019 dated 29.05.2019. While so, the 7th respondent was taking active steps to illegally use and convert the said plot No.53 in Usman Nagar into burial site. Aggrieved by the same, the petitioner has filed this present writ petition.
3. Learned counsel for the petitioner submitted that he has made a representation dated 24.07.2019 to respondents 1 to 6 to prevent the 7th respondent from burying other dead bodies in the said Plot No.53 in Usman Nagar. The learned counsel further submitted that the last burial was done in the year 2019.
4. Learned counsel for the petitioner relied upon the judgment of the Full Bench of this Court passed in W.A.No.1037 of 2023 dated 20.07.2023 in Jagadheeswari & others Vs. B.Babu Naidu & others, wherein this Court held as follows:
https://www.mhc.tn.gov.in/judis 5/10 W.P.No.30845 of 2019 “32. The outcome of the above analysis of the Rules and case laws leads to the conclusion, that the condition of 90 meters restriction found in Rule 7(1) cannot be construed as right to bury body anywhere and everywhere. Burial or burning body is subject to the other provisions in the Rules.
The conditions of distance restriction from the water body, cannot be read in isolation unmindful of the purpose of the Rules and other provisions thereunder.
33. The Division Bench in P.Muthusamy's case has not declared that body can be buried anywhere other than registered or licensed place in a village Panchayat. The Division Bench had only recognized the custom prevailing in that particular village. The observation made in the Muthusamy's case, is restricted only to the facts of that case and it cannot have application in rem.
34. Moreover, after Rules, 1999 came into force, any burial in the place other than the place already registered or licensed as burial ground, goes in contravention to Rule 7(1). Any body buried in contravention to the Rules 5 and 7, is to be exhumed and buried in the designated place. If such violation is brought to the notice within the reasonable time and despite notice to exhume the body for to be buried in the designated place not adhered by the person concerned, the body is to be exhumed by the authority and collect the costs from the person who is cause for that illegal burial. The exhumed body must be buried in the designated place, taking https://www.mhc.tn.gov.in/judis 6/10 W.P.No.30845 of 2019 into consideration the public health. Person who defies the law and refuses to exhume the body, cannot take umbrage in the delay of enforcing the law and make the Court 'fait accompli'. Accordingly, the order of reference is answered in negative.”
5. Learned Additional Government Pleader appearing for respondents 1 to 6 submitted a statement of the VAO, Avoor Village, Valangaiman Taluk, Tiruvarur / fourth respondent, in which he stated that no burial is taking place at present and there is no such proposal for the same.
6. The statement of the VAO / fourth respondent, which reads as follows:
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W.P.No.30845 of 2019
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7. Heard both sides and perused the materials placed on record.
8. In view of the above submission made by the learned counsel on either side and the ratio laid down by the Full Bench of this Court in W.A.No.1037 of 2023 dated 20.07.2023 in Jagadheeswari & others Vs. B.Babu Naidu & others, this Court is of the considered view that if the respondents want to designate any place for burial, the same will be done in accordance with law.
Accordingly, the writ petition stands disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.
25.06.2024 cda Index : Yes/No Speaking / Non-Speaking Order To
1.The District Collector, Master Plan Complex, Nagapattinam Road, Tiruvarur – 610 004.
2.The Revenue Divisional Officer, Master Plan Complex, Nagapattinam Road, https://www.mhc.tn.gov.in/judis 8/10 W.P.No.30845 of 2019 Tiruvarur.
3.The Tahsildar, Valangaiman Post, Tiruvarur.
4.The Village Administrative Officer, Avoor Village, Valangaiman Taluk, Tiruvarur.
5.The Block Development Officer, Block Development Office, Senaiyar Street, Valangaiman Post, Tiruvarur.
6.The Superintendent of Police, Tiruvarur District, Tiruvarur.
7.Mr.Mujibur Rahman, District Secretary, Tamil Nadu Towheed Jamaath, No.66, 2nd Street, Nachitra Nagar, Rajasaraboji College, Tanjavur Town, Tanjavur.
J.SATHYA NARAYANA PRASAD, J.
cda
8.The Executive Officer / President, Avoor Village Panchayat, Valangaiman Taluk, Tiruvarur.
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