Allowed

Abdul Rahman v. The District Collector

Madras HC19 Jun 2024WP(MD)/28582/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition seeking an injunction against burying dead bodies in residential plots. Relying on a Full Bench precedent, the Court directed the petitioner-not succumb-land authorities to prevent further burials in unlicensed locations.

What did the court decide?

Writ of Mandamus issued forbidding the 5th respondent from burying dead bodies in the specified residential plots and directing respondents 1-4 to take necessary action.

Abdul Rahman Vs The District Collector — Land Acquisition | Madras HC (2024)

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W.P(MD)No.28582 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.06.2024

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CORAM :

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THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.28582 of 2023

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and

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W.M.P(MD)No.24630 of 2023

Abdul Rahman

... Petitioner

vs.

1.The District Collector, Collector Office, Thanjavur District.

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2.The Tahsildar, Papanasam Taluk, Thanjavur District.

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3.The Village Administrative Officer, Pandaravadai Village, Papanasam Taluk, Thanjavur District.

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4.The Village President, Papanasam Taluk, Pandaravadai Village, Thanjavur District.

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5.The President, Scheme Trust Board, Periya Palli Vasal, Pandaravadai Village, Thanjavur District. ... Respondents

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Page No.1 of 5 https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28582 of 2023

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Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by forbearing the 5^th respondent from burying the dead bodies at the residential plots in Survey Nos.87/3, 87/3A, 87/3G, at Pandaravadai Village, Papanasam Taluk, Thanjavur District and consequently directing the respondent Nos.1 to 4 to take necessary action against the 5^th respondent based on the representation, dated 09.08.2023 within the time stipulated by this Court.

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For Petitioner : Mr.S.Balaji For R1 to R4 : Mr.P.Thilakkumar, Government Pleader For R5 : Mr.B.Jameel Arasu

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ORDER

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R.MAHADEVAN, A.C.J. AND

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G.R.SWAMINATHAN, J.

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Heard both sides.

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The case of the petitioner is that the 5^th respondent must be prevented from burying dead bodies in the petition mentioned lands.

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Page No.2 of 5 https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28582 of 2023

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The learned counsel appearing for the 5^th respondent asserted that they have nothing to do with the petition mentioned lands. This controversy need not detain us.

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The learned Government Pleader appearing for the respondents 1 to 4 confirm that the petition mentioned survey numbers have not been notified as burial ground.

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The issue raised by the writ petitioner is no longer res integra. The Full Bench of this Hon'ble High Court in the decision reported in 2023 SCC Online Mad 4773 in the case of Jagadheeswari and other vs. B.Babu Naidu and others, had held that after the promulgation of the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, any burial in the place other than the place already registered or licenced as burial ground would be in contravention of the statutory rules. The Hon'ble Full Bench went to the extent of holding that any dead body buried in a non notified place must be exhumed and buried in the designated place. We are, therefore, satisfied that a case for issuing direction has been made out. This will ensure that in the petition mentioned lands, there would be no more burial of the dead bodies.

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Page No.3 of 5 https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28582 of 2023

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The Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

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[R.M.D., A.C.J.] & [G.R.S., J.] 19.06.2024 Index : Yes / No Neutral Citation : Yes / No bala To 1.The District Collector, Collector Office, Thanjavur District. 2.The Tahsildar, Papanasam Taluk, Thanjavur District.

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3.The Village Administrative Officer, Pandaravadai Village, Papanasam Taluk, Thanjavur District. 4.The Village President, Papanasam Taluk, Pandaravadai Village, Thanjavur District.

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Page No.4 of 5 https://www.mhc.tn.gov.in/judis

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W.P(MD)No.28582 of 2023

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R.MAHADEVAN, A.C.J. AND G.R.SWAMINATHAN, J.

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bala

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W.P(MD)No.28582 of 2023

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19.06.2024