Madras High Court
L.Jagadeesan vs The Secretary on 21 August, 2025
W.P.No.29716 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.P.No.29716 of 2025
&
W.M.P.No.33327 of 2025
L.Jagadeesan .. Petitioner
Vs.
1. The Secretary
The Ministry of Housing and Urban Affairs
Government of India
Room No.232 C, Norman Bhawan
New Delhi.
2. The Director of Municipal Administration
Having Office at
75 Urban Administrative Building
Santhome High Road, MRC Nagar
Raja Annamalaipuram, Chennai 28.
3. The District Collector
Office of the Collector at Erode
Erode District.
4. The Commissioner
Municipality Office, Bhavani
Erode District.
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W.P.No.29716 of 2025
5. The Revenue Divisional Officer
Revenue Divisional Office
Gopichettipalayam
Erode District.
6. The Tahsildar
Office of the Tahsildar, Bhavani
Erode District. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents to consider
the petitioner's representations dated 23.05.2025 and 14.07.2025
to take necessary steps to protect their Hindu graveyard ad-
measuring an extent of 4 acres comprising in Survey No.763/3 Part
which is situated at Devapuram, Bhavani Taluk and Erode District
within the time frame as fixed by this Hon'ble Court.
For Petitioner : Mr.D.Babu Varadharajan
For Respondents : Mr.R.Subramanian
Standing Counsel
for Respondent-1
Mr.K.Karthik Jegannath
Government Advocate
for Respondents 2 to 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Prayer sought in this petition is to issue direction to consider representations dated 23.05.2025 and 14.07.2025 and to take ____________ Page 2 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 07:59:12 pm ) W.P.No.29716 of 2025 necessary steps to protect Hindu graveyard ad-measuring 4 acres comprised in Survey No.763/3, Part which is situated at Devapuram, Bhavani Taluk and Erode District.
2. Learned counsel for petitioner would submit that respondents are acting in an illegal manner and started using a part of graveyard for the purpose of establishing Sewage Treatment Plant and in that process, land in the graveyard is being dug all around leading to not only illegal diversion of the use of land marked for burial ground, but also exhuming the skeletons of dead bodies which were buried in the past.
3. In the status affidavit filed by the Commissioner, it is stated as under:
“8. It is submitted that originally the STP-cum-FSTP was proposed to be constructed on the Western side, wherein the dead bodies were buried and digging work was done in that place. This led to objections by one section of the people and it resulted in filing of the present Writ Petition.
9. It is submitted that now taking into consideration ____________ Page 3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 07:59:12 pm ) W.P.No.29716 of 2025 that there are several burials in the Western side of the land in T.S.No.4 and that objections have been raised regarding construction of STP-cum-FSTP on the Western side, it has been decided that the STP-cum-FSTP shall be constructed on the Eastern side wherein there is vacant space to an extent of 198 cents and where there is also an existing Micro Composting Centre to an extent of 13 cents.
10. It is submitted that in the past five years i.e., from 2020 to 2025 about 207 dead bodies have been buried on the Western side of the burial ground in T.S.No.4 which is evident from the Burial Ground Register maintained by the Bhavani Municipality. It is further submitted all the burials have taken place only on the Western side of the burial ground and in the Eastern side, no burials have been made so far.
11. It is further submitted a vast extent of 1.30 Acres is exclusively set-apart on the Western side for burial of dead bodies and there is abundant space for burial of dead bodies in the years to come. The said Western portion measuring 1.30 Acres will not be touched for any other purpose other than burial of dead bodies. The STP-cum-FSTP will be constructed only on the Eastern side portion as denoted in the Sketch filed along with this Affidavits and which may be read as part and parcel of this Affidavit.
12. It is submitted that for the STP-cum-FSTP project, ____________ Page 4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 07:59:12 pm ) W.P.No.29716 of 2025 High-Density Polyethylene (HDPE) pipelines and 49 manholes to an extent of 2.0 kms have already been installed within the Bhavani Municipality and the construction of the STP-cum-FSTP is very much essential and need of the hour in order to effectively treat and discharge the sewerage water and faecal matter without causing pollution to the environment.”
4. In view of the above statement, it is clear that the burial activity are not going to be adversely affected in future. We would further observe that while carrying on digging for establishing Sewerage Treatment Plant, respondent authorities shall ensure that western portion of burial ground will not be touched for any other purpose other than the burial of dead bodies and that the Sewerage Treatment Plant will be constructed on the eastern side portion, as denoted in the sketch filed along with the affidavit.
5. Petition is disposed.
6. Before parting with the case, we must clarify that we are only disposing this petition as we do not find that it involves any ____________ Page 5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 07:59:12 pm ) W.P.No.29716 of 2025 element of public interest. This order will not come in the way of any proceedings, if any, initiated by any authority in the matter.
7. There shall be no order as to costs. Consequently, the interim application is also dismissed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J)
21.08.2025
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Secretary
The Ministry of Housing and Urban Affairs Government of India Room No.232 C, Norman Bhawan New Delhi.
2. The Director of Municipal Administration Having Office at 75 Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai 28.
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3. The District Collector Office of the Collector at Erode Erode District.
4. The Commissioner Municipality Office, Bhavani Erode District.
5. The Revenue Divisional Officer Revenue Divisional Office Gopichettipalayam Erode District.
6. The Tahsildar Office of the Tahsildar, Bhavani Erode District.
____________ Page 7 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 07:59:12 pm ) W.P.No.29716 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
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