S.Deivasigamani Vs the District Collector

Directing the respondents to implement the proceedings of the 4th respondent in Na.Ka.No.154/2024/A2 dated 14/08/2025 and further direct the respondents not to permit the using of water body of water body land to the burial ground in the water body Promboke in S.No.172 (water body) in Sivagiri A.village, Kodumudi Taluk, Erode District.

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For Petitioner(s): M/s.K.Karthikeyan A.Praveen For RR1 To 6 Mr.L.S.M.Hasan Fizal AGP

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For R7 M/s.V.Manoharan, AGP For R8 Mr.Kishore Kumar, G.A.(Crl. Side)

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ORDER

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Heard Mr.Karthikeyan, learned counsel for the petitioner, Mr.Hasan

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Faizal, learned Additional Government Pleader for respondents 1 to 6, Mr.V.Manoharan, learned Additional Government Pleader for 7th respondent and Mr.Kishore Kumar, learned Government Advocate (Criminal Side) appearing for the 8th respondent.

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The grievance of the petitioner is that in the 'Odai Poramboke' situated

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in S.No.172, Sivagiri A.Village, Kodumudi Taluk, Erode District, the 7th respondent is permitting burial of dead bodies. It is the specific case of the petitioner that, near the land in S.No.172, he has properties and in those lands,

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he is also having a well and a bore-well, which are being utilised for the purpose

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of agriculture and other connected activities. He was shocked to know that a dead body has been buried on 10.8.2025 by persons belonging to Amman Nagar locality near Sivagiri A.Village. He immediately brought to the notice of the

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respondent about the illegality involved in the burial. As no action had been

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taken, despite the order dated 14.8.2025 passed by the Tahsildar, Kodumudi

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Taluk, Erode District, the petitioner has approached this court.

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4 When the matter came up for admission, Mr.Hasan Faizal took notice

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for respondents 1 to 6. Mr.Manohar, took notice for the seventh respondent.

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Mr.Kishore Kumar took notice for the eighth respondent. As the person, who

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should file counter affidavit in the matter is the 7th respondent, Mr.Manohar

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sought for time. Accordingly, I granted time on 25.9.2025 and directed the matter to be listed today.

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When the matter was taken up for hearing, Mr.Manohar filed a counter

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affidavit. From para 3 of the counter affidavit, it is evident that the land in S.No.172 Sivagiri A.Village is classified as an 'odai poramboke'. A justification

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was given stating that for several years, this odai poramboke had been utilised as a burial ground by the residents of Amman Nagar. It is also admitted that S.No.172 has not been notified as burial ground in terms of Tamil Nadu Village

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Panchayat (Provision of burial and burning grounds) Rules, 1999.

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The issue whether a dead body can be burnt or buried in a non- notified

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area was the subject matter of a Full Bench judgment in Jagadheeswari and 4

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others vs. B.Babu Naidu and 6 others (W.A.No.1037 of 2023 dated

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20.7.2023) . The Full Bench headed by Hon'ble Mr.Justice R.Mahadevan (as the Lordship then was), held in para 34 that in case, there is an infraction of Rules

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5 and 7 of the aforesaid Rules, the authorities have to exhume the body, which has been buried in the non-notified burial ground and re-inter the same in a notified area. Similarly, another Full Bench of this court in T.K.Shanmugam vs. State of Tamilnadu (2015) 5 MAD LW 397) (FB) had declared that water

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bodies cannot be used for any purpose other than the purpose for which they

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exist viz., for storing water.

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As it is admitted that S.No.172 is an odai poramboke and not a notified

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burial ground, the 7th respondent shall, in consultation with the revenue authorities, remove the dead bodies buried therein and re-intern them in the notified burial ground. In case, there is any law and order problem, the 8th respondent shall give appropriate protection to the revenue, as well as the 7th respondent, to carry out their duties imposed by the Rules, as well as by the judgments of this court. The writ petition is ordered accordingly. No costs.

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14-10-2025

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ssk.

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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To