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V.Jayapal v. the District Collector

Madras HC20 Aug 2025WP/16127/2024

Case brief

AI extract

What is this about?

Private land misused as burial ground; mandamus under Article 226 to implement District Collector's proceedings Oo.Mu.No.13608/2021/PE dated 09.08.2021; Commissioner, Tiruvannamalai Municipality directed to ensure petitioner's land not used for burial; burial/cremation restricted to designated place; considers earlier Madras High Court order W.P.No.35052 of 2013 dated 28.11.2016 and Assistant City Planner instructions; Tiruvannamalai; writ petition disposed, W.M.P.No.17667 of 2024 closed, no costs.

What did the court decide?

Direction (mandamus) to the second respondent to ensure the petitioner's land is not used as a burial ground, with burial/cremation confined to the designated place; writ petition disposed of with the above direction; W.M.P.No.17667 of 2024 closed; no costs. ¶34

V.Jayapal Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the second respondent (Commissioner, Tiruvannamalai Municipality) should be directed, by writ of mandamus, to implement the first respondent's order dated 09.08.2021 so that the petitioner's land is not used as a burial ground and burial/cremation takes place only in the designated place.

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Court's answer

The Court directed the second respondent to ensure that the land belonging to the petitioner is not used as a burial ground and that such burial/cremation takes place only in the designated place, taking into account the first respondent's proceedings dated 09.08.2021, the Court's earlier order in W.P.No.35052 of 2013 dated 28.11.2016, and the written instructions of the Assistant City Planner, Tiruvannamalai City Municipal Corporation.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (N. Anand Venkatesh, J.) | W.P.No.16127 of 2024 | Decided 20.08.2025 | V.Jayapal v. The District Collector, Tiruvannamalai District & 6 others. Writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 2nd respondent (Commissioner, Tiruvannamalai Municipality) to implement the order passed by the 1st respondent (District Collector) in Oo.Mu.No.13608/2021/PE dated 09.08.2021, so as to prevent/restrain local persons and others from using the petitioner's land as a burial ground. Taking into consideration the first respondent's proceedings dated 09.08.2021, the Court's earlier order in W.P.No.35052 of 2013 dated 28.11.2016, and written instructions received from the Assistant City Planner, Tiruvannamalai City Municipal Corporation, the Court directed the 2nd respondent to ensure that the petitioner's land is not used as a burial ground and that burial/cremation takes place only in the designated place. Writ petition disposed of with the above direction; W.M.P.No.17667 of 2024 closed; no costs.

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W.P.No.16127 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.08.2025

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CORAM :

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THE HON'BLE MR. JUSTICE N.ANAND VENKATESH

W.P.No.16127 of 2024

V.Jayapal

.. Petitioner

The District Collector Tiruvannamalai District Tiruvannamalai

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The Commissioner Tiruvannamalai Municipality Tiruvannamalai

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The Revenue Divisional Officer Tiruvannamalai Tiruvannamalai District

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The Tahsildar Tiruvannamalai Tiruvannamalai District

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The Taluk Surveyor Tiruvannamalai Taluk Taluk Office Tiruvannamalai District

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_____________ Page 1 of 5_

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

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W.P.No.16127 of 2024

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The Village Administrative Officer Tiruvannamalai Town Tiruvannamalai

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7. The Superintendent of Police O/o the Superintendent of Police Tiruvannamalai District

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.. Respondents

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2^nd respondent to implement the order passed by the 1^st respondent in Oo.Mu.No.13608/2021/PE dated 09.08.2021 within a time frame stipulated by this Hon'ble Court.

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For Petitioner :: Mrs.Narmadha Sampath

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For Respondents :: Mr.G.Velu Additional Government Pleader for R1 to R6 Mr.V.Meganathan Government Advocate (Crl.Side) for R7

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ORDER

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This writ petition has been filed for issuance of a mandamus to the

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second respondent to implement the order passed by the first respondent dated 09.08.2021 to prevent/restrain the local persons and others from using

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the land belonging to the petitioner as a burial ground.

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Page 2 of 5

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

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W.P.No.16127 of 2024

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Heard the respective learned counsel appearing for the parties.

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Taking into consideration the facts and circumstances of the case

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and also the proceedings of the first respondent dated 09.08.2021 and the earlier order passed by this Court in W.P.No.35052 of 2013 dated 28.11.2016 and after considering the written instructions received from the Assistant City Planner, Tiruvannamalai City Municipal Corporation, there shall be a direction to the second respondent to ensure that the land belonging to the petitioner is not used as a burial ground and such burial/cremation takes place only in the designated place.

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