Dismissed¶¶48

M.Mohankumar v. Lakshmanakuamr Velusamy

Madras HC21 Jul 2025WMP/24810/2025

Case brief

AI extract

What is this about?

Madras High Court; W.M.P. leave to file review; review of order dated 15.04.2025 in W.P.Nos.13171 & 13172 of 2025; Survey No.532; Survey No.511; survey Nos.555/1, 555/5, 555/6 and 555/7; burial/cremation ground; road margin; Perundurai Taluk; Erode District; error on the face of the record; Article 226 of Constitution of India; N. Anand Venkatesh J.; petitions dismissed.

What did the court decide?

The grounds raised in the review applications — including that Survey No.511 has sufficient space for burial/cremation of dead bodies — were in fact already taken into consideration by this Court when it passed the order in the writ petitions, in which it confined itself to Survey No.532. ¶¶44

M.Mohankumar Vs Lakshmanakuamr Velusamy — Writ and Judicial Review | Madras HC (2025)

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W.M.P.Nos.24810 & 24815 of 2025 in Rev.Aplw Sr.Nos.72850 & 72851 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.07.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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W.M.P.Nos.24810 & 24815 of 2025

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Rev.Aplw Sr.Nos.72850 & 72851 of 2025 in

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W.P.Nos.13171 & 13172 of 2025

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1.K.Mohankumar S/o.Late K.Kandasamy

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2.T.P.Shanmugam S/o.Late Palanisamy

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3.R.Selvakrishnan S/o.K.Ramasamy

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4.P.Kumar S/o.Late Periyasamy Gounder

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5.T.R.Paramasundaram S/o.Late T.P.Ramasamy ... Petitioners in both petitions

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1.Lakshmanakumar Velusamy S/o.Late Velusamy ... R1 in W.M.P.No.24810/2025 in Rev.Aplw(Sr)No.72850/2025

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1.Ram Kumar Velusamy S/o.Late Velusamy ... R1 in W.M.P.No.24815/2025 in Rev.Aplw(Sr)No.72851/2025

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1/6

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.24810 & 24815 of 2025 in Rev.Aplw Sr.Nos.72850 & 72851 of 2025

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The District Collector,

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Erode District, Erode - 638 011.

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3.The Tahsildar, Perundurai Taluk, Erode District.

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4.The Revenue Divisional Officer, Erode, Erode District.

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5.The Village Administrative Officer, Perundurai Village, Erode District.

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Respondents 2 to 5 in both petitions

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Prayer: Writ Miscellaneous Petitions filed under Article 226 of Constitution of India praying to grant leave to the petitioners to file review petitions against the order dated 15.04.2025 passed in W.P.Nos.13171 & 13172 of 2025.

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For Petitioners : Mr.N.Manokaran [in both petitions] For Respondents : Mr.G.Raja [R1] [in both petitions] Mr.G.Velu, Additional Government Pleader [R2 to R5] *****

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COMMON ORDER

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These petitions have been filed to grant leave to the petitioners to

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file review petitions against the order dated 15.04.2025 passed by this Court in W.P.Nos.13171 & 13172 of 2025.

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.24810 & 24815 of 2025 in Rev.Aplw Sr.Nos.72850 & 72851 of 2025

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This Court ordered notice to the learned counsel, who was appearing on behalf of first respondents/writ petitioners. Pursuant to the same,

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the first respondents/writ petitioners have also filed a counter in both these petitions.

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The main ground raised by learned counsel for review petitioners is that Survey No.511 has been used for burial/cremation of dead bodies for a very long period of time and already, the revenue authorities are dealing with the dispute between the writ petitioners and the village people, which was raised by the writ petitioners for survey Nos.555/1, 555/5, 555/6 and 555/7 wherein the writ petitioners have alleged that those properties have been encroached. While so, the writ petitioners approached this Court only insofar as Survey No.532 is concerned on the ground that the said property is used as a burial/cremation ground.

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Heard Mr.N.Manokaran, learned counsel for petitioners,

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Mr.G.Raja, learned counsel appearing for first respondents and Mr.G.Velu, learned Additional Government Pleader appearing for respondents 2 to 5.

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https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.24810 & 24815 of 2025 in Rev.Aplw Sr.Nos.72850 & 72851 of 2025

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5. In the considered view of this Court, when this Court passed

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the order in the writ petitions, dispute between the petitioners and the village people pertaining to survey Nos.555/1, 555/5, 555/6 and 555/7 were also taken into consideration and this Court confined itself only to Survey No.532, which was a road margin and it was found that this survey number was not designated as a burial/cremation ground. This Court also took into consideration the fact that there is sufficient space for burial/ cremation of dead bodies in Survey No.511. Hence, the ground raised by the petitioners in the review applications was in fact considered by this Court while passing order in the writ petitions.

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6. In view of the above, this Court does not find any error on the

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face of the order passed by this Court in the writ petitions and therefore, there

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is no ground to grant leave to review the order passed in the writ petitions.

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Accordingly, these petitions are dismissed.

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21.07.2025

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Neutral Citation: Yes/No Index: yes/no Speaking Order/Non-Speaking Order gm