L.Natesan v. the District Collector
Case brief
What is this about?
Exhumation of dead bodies; burial/cremation restricted to designated ground; reclassification of Survey No.44/5 (Parai) as burial ground within 12 weeks; Survey No.322/1 conceded not designated; Survey No.123 patta land; representation dated 28.04.2025; Tahsildar written instructions; RDO Harur report dated 31.07.2025; District Collector directions; Full Bench settlement reference; no vested right by long user; Nallagudlahalli Village, Pappireddipatti Taluk, Dharmapuri District; Article 226 mandamus; Madras High Court; N.Anand Venkatesh J.; Writ Petition No.21568 of 2025; disposed, no costs.
What did the court decide?
Writ petition disposed of with directions and no costs: first respondent (District Collector) to re-classify Survey No.44/5 as a burial ground and ensure burial/cremation occurs only there, completing the process within twelve (12) weeks of receipt of a copy of the order; first respondent to decide the exhumation question - if only one body lies in the petitioner's patta land it is to be exhumed and buried in the designated place, but long-standing use of the place as a burial ground defeats the petitioner's claim.