Madras High Court
Nadarajan vs The District Collector on 22 February, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.19439 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.19439 of 2023
Nadarajan ... Petitioner
Vs.
1. The District Collector,
District Collector Office,
Thenkasi District.
2. The Assistant Director(Panchayat),
Assistant Director Office, Thenkasi District.
3. The Revenue Divisional Officer,
Revenue Divisional Office,
Sankarankovil, Thenkasi District.
4. The Tahsildar,
Thiruvengadam Taluk, Thenkasi District.
5. The Block Development Officer,
Block Development Office,
Kuruvikulam, Thenkasi District.
6. The Village President,
Chathirapatti Village Panchayath Office,
Thiruvengadam Taluk,Thenkasi District.
7. The Superintendent of Police,
O/o.Superintendent of Police, Thenkasi District.
8. The Inspector of Police,
Karivalamvanthanallur police station,
Karivalamvanthanallur, Thenkasi District.
https://www.mhc.tn.gov.in/judis
1/5
2 W.P.(MD)NO.19439 OF 2023
9. Malaiyandi
10. Muthukani ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution
of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to
exhume the buried corpse of the deceased namely Ganapathi Devar in
private Patta land in Survey No. 9/8 to an extent of 45.71 cents, in
Kulasekaraperi Village, Thiruvenkadam Taluk, Tenkasi District and
consequently direct to buried or burning the same corpse in the Public
Graveyard in the same village as per the G.O.(Ms).No. 213, Rural
Development (C4), dated 05.10.1999 based on the petitioner's
representation on 07.08.2023, within a stipulated time that may be fixed by
this Court.
For Petitioner : Mr.R.Senthilkumar
For R-1 to R-6 : Mr.M.Lingadurai,
Special Government Pleader.
For R-7 & R-8 : Mr.Albert James,
Government Advocate.
***
ORDER
Heard both sides.
2. The petitioner is aggrieved by the burial of the deceased Ganapathi Thevar in the petition-mentioned land. As rightly pointed out by the learned counsel appearing for the petitioner, a dead body can be buried only in a notified burial ground and not in any other places. https://www.mhc.tn.gov.in/judis 2/5 3 W.P.(MD)NO.19439 OF 2023 Admittedly, the petition-mentioned land has not been notified as burial ground. The conduct of the private respondents is not correct in view of the direction given by the Hon'ble Full Bench in the decision reported in 2023 (4) CTC 481 (Jagadheeswari v. B.Babu Naidu) . At the same time, the prayer for exhumation of the body cannot be granted. This is because the burial had taken place on 06.08.2023.More than 6 ½ months have lapsed. It is not possible to exhume at this point of time.
3. However, addressing the concerns of the petitioner, it is directed that no construction of memorial shall shall take place on the burial spot. If any such construction work takes place whether by respondents 9 and 10 or any third party, it would be an act of contempt. It is for the fourth respondent to cause removal of any such construction put up in the burial place. This writ petition stands disposed of. No costs.
22.02.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis 3/5 4 W.P.(MD)NO.19439 OF 2023 To:
1. The District Collector, District Collector Office, Thenkasi District.
2. The Assistant Director(Panchayat), Assistant Director Office, Thenkasi District.
3. The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Thenkasi District.
4. The Tahsildar, Thiruvengadam Taluk, Thenkasi District.
5. The Block Development Officer, Block Development Office, Kuruvikulam, Thenkasi District.
6. The Village President, Chathirapatti Village Panchayath Office, Thiruvengadam Taluk,Thenkasi District.
7. The Superintendent of Police, O/o.Superintendent of Police, Thenkasi District.
8. The Inspector of Police, Karivalamvanthanallur police station, Karivalamvanthanallur, Thenkasi District.
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PMU W.P.(MD)No.19439 of 2023 22.02.2024 https://www.mhc.tn.gov.in/judis 5/5