Petitioner sought a writ of mandamus directing the District Collector to ban burial activities in a specific survey number cited as government land. The Court noted that the disputed land is Porambokku and nothing survived for adjudication, closing the petition as futile.
The writ petition was closed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.11.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.NO.13858 OF 2019
(Heard through VC)
V.Natarajan .. Petitioner
-vs-
1.The District Collector,
Madhuranthagam,
Kancheepuram District.
2.Muthavalli Madaraseae Misbahul Uloom
Jama Masjid,
Thiruvathur Village,
Cheyyur Taluk,
Kancheepuram District. .. Respondents
Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the first respondent to issue notification / Circular banning the second respondent or any other person burying the dead bodies in Survey No.131 which is a Meikkal, Thiruvathur Village, Cheyyur Taluk forthwith on the basis of the petitioner's representation dated 11.02.2019.
For Petitioner : Mr.M.Liagat Ali For Respondent-1 : Mr.R.S.Selvam Government Advocate For Respondent-2 : Mr.N.Nagusah
ORDER
The writ petition is for a direction to the first respondent-District Collector to issue notification/circular to restrain the second respondent or any other person from burying the dead bodies in Survey No.131, which is a Meikkal, Thiruvathur Village, Cheyyur Taluk forthwith on the basis of the petitioner's representation dated 11.02.2019.
“bra;a{h; tl;ltk;. 74. njthJ}h; fpuhkj;jpid nrh ; e;j K!;yPk; rK:fj;jpdh;fshy; Fwpg;gplg;gLk; ,!;yhkpah;fs; mlf;f!;jyk; (f`gu!;jhd;) g[y vz;/131?y; cs;s nka;f;fhy; g[wk;nghf;fpy; mike;Js;sJ/ ,e;j nka;f;fhy; g[y vz;/131?f;F bry;y g[y vz;/145A?y; muR ghij g[wk;nghf;F cs;sJ/ Mdhy;. K!;yPk; rK:fj;jpdh; nkw;go ghij g[wk;nghf;fpid KGtJk; gad;gLj;Jfpd;wdh;/ nkYk;. nkw;go jpU/eluh$d; j-bg tPug;gd; vd;gtUf;F brhe;jkhd. gl;lh vz;/149?y; cs;sl';fpa g[";ir g[y vz;/143-1 kw;Wk; 1432?d; bjw;F gf;fj;jpy;. g[y vz;/131 nka;f;fhy; g[wk;nghf;fpw;F tlf;F gf;f vy;iyapid xl;odhw;nghy; nkw;fpypUe;J fpHf;F nehf;fp g[y vz;/143-1?y; 38/2 kPl;lh; ePsk;. 6 kP/ mfyj;jpw;F. mjhtJ 0/06 brd;l; gug;gstpYk;. g[y vz;/143-2?y; 52/2 kPl;lh; ePsk;. 6 kPl;lh; mfyj;jpy;. mjhtJ 0/07\ brd;l; gug;gstpYk; Mf bkhj;jk; 0/13\ brd;l; tp!;jPuzj;jpy; jpU/eluh$d; vd;gtuJ gl;lh epyj;jpy; K!;yPk; rK:fj;jpduhy; jtwhf g[jpajhf ghij mikf;fg;gl;Ls;sJ/ mt;thW mikf;fg;gl;Ls;s ghijapid cldoahf mg;g[wg;gLj;jpf; bfhs;s ntz;Lk; vd cj;jutplg;gLfpwJ/”
https://hcservices.ecourts.gov.in/hcservices/ 4. The District Collector, who is the first respondent
herein, vide his letter in Na.Ka.No.8021/2020/A3 dated 20.11.2020, has stated that Survey No.131/1 is a Meikkal Porambokku having an extent of 5.41.5 hectares in which, 0.20.0 ares alone has been used by the second respondent, as their burial ground for more than 50 years. To reach the said burial ground, Survey No.145A having an extent of 0.65.0 ares was used, which is a cart track. As both survey numbers 131 as well as 145A are Government Porambokku lands, no individual can claim any right.
petitioner's land was already removed even in the year 2013, the petitioner cannot have any objection for using Survey No.131 as a burial ground for the Muslim community. The report of the Collector also states that there is a separate road, which has been laid to reach the said burial ground without disturbing the possession of the petitioner's land. Therefore, the petitioner also cannot have any grievance in this regard.
fairly conceded that the petitioner cannot have any objection for usage of Survey No.131 as burial ground and Survey No.145A as a road leading to the same.
Sub Assistant Registrar
rsi
To
The District Collector, Madhuranthagam, Kancheepuram District.
+1 CC.to The Government Pleader SR.NO.37748
+2 CC.to MR.M.LIAGAT ALI, ADVOCATE SR.NO.37615
W.P.No.13858 of 2019
UM (CO)
UM (11/12/2020)
2 issues framed by the court
Whether the District Collector should issue a notification directing the closure of a长期使用 burial ground on government land.
Whether the petitioner has a valid grievance regarding access to the burial ground situated on Porambokku lands.
1 provisions across 1 enactments
V.Natarajan
The District Collector, Madhuranthagam
Muthavalli Madaraseae Misbahul Uloom
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
