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Rajeshwari v. The District Revenue Officer cum Additional District Magistrate

Madras HC13 Jun 2025WP(MD)/11792/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P(MD)No.11792 of 2025; decided 13.06.2025 by S.Srimathy, J.; petitioner Rajeshwari sought NOC for a new petrol bunk in Survey No.189/11B1, Alwaneri Village, Nanguneri Taluk, Tirunelveli District; impugned order by District Revenue Officer dated 14.11.2024 quashed; burial ground objection rejected based on Tahsildar's inspection report (burial, not cremation; no safety violation); NOC directed subject to safety conditions; Article 226; Certiorarified Mandamus; no precedents cited.

What did the court decide?

Quashing of the impugned order dated 14.11.2024 and a direction to the respondents to issue the No Objection Certificate for the petrol bunk, conditional on strict adherence to absolute safety measures and other conditions prescribed by other authorities. ¶33

Rajeshwari Vs The District Revenue Officer cum… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the objection that a burial ground existing adjacent to the proposed petrol bunk would affect cremation rights and the safety of the petrol bunk justified the impugned order refusing the no objection certificate.

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Court's answer

As per the Tahsildar's inspection report, the burial ground adjacent to the proposed petrol bunk is used for burying bodies and not for cremation, and there is no safety violation.

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Ratio / Principle

There is no hindrance or safety violation in establishing the petrol bunk; the objection stated by the respondent is erroneous; the impugned order is quashed and the respondents are directed to grant the No Objection Certificate, conditioned on strict adherence to absolute safety measures and other conditions prescribed by other authorities.

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Key takeaways

The Writ Petition is allowed with no order as to costs, and the connected miscellaneous petition is closed.ratio¶33

Detailed headnote1 paragraphs

Writ of Certiorarified Mandamus under Article 226 of the Constitution of India — No Objection Certificate for setting up a new petrol bunk — impugned order dated 14.11.2024 of the District Revenue Officer cum Additional District Magistrate, Tirunelveli (Ni.Mu.D3/19-12-17/2021) quashed — sole objection was the existence of a burial ground adjacent to the proposed site, said to affect cremation rights and safety — Tahsildar's inspection report found the burial ground is used only for burying bodies, not cremation, and disclosed no safety violation — objection held erroneous — respondents directed to issue the No Objection Certificate subject to strict compliance with absolute safety measures and conditions prescribed by other authorities — Writ Petition allowed, no costs, connected miscellaneous petition closed.

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W.P(MD)No.11792 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.11792 of 2025 and

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WMP(MD)No.8700 of 2025

Rajeshwari

... Petitioner

vs.

1.The District Revenue Officer cum Additional District Magistrate, Tirunelveli.

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The Tahsildar, Nanguneri Taluk,

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Tirunelveli District. ...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 1^st respondent in Ni.Mu.D3/19-12-17/2021, dated 14.11.2024 and to quash the same as illegal and consequently, to direct the 1st respondent to issue no objection certificate for setting up new petrol bunk in the petitioner's property in Survey No.189/11B1 Subdivision Survey No. 189/11B1 in Alwaneri Village, Nanguneri Taluk, Tirunelveli District.

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For Petitioner : Mr.S.Suresh Manickam

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For Respondents : Mr.R.Ragavendran

Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of

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Certiorarified Mandamus, to quash the impugned order passed by the 1 st

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

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W.P(MD)No.11792 of 2025

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respondent in Ni.Mu.D3/19-12-17/2021, dated 14.11.2024 and consequently, to direct the 1st respondent to issue no objection certificate for setting up new petrol bunk in the petitioner's property in Survey No.189/11B1 Subdivision Survey No. 189/11B1 in Alwaneri Village, Nanguneri Taluk, Tirunelveli District.

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2.The only objection raised by the respondents is that a burial ground is existing adjacent to the proposed petrol bunk. If allowed, the rights of cremation would be affected and also would affect the safety of the petrol bunk.

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3.It is seen that the Tahsildar has inspected the place and has

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submitted a report stating that the said burial ground is used for burying the bodies and it is not used as cremation and there is no safety violation.

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4.Therefore, there is no hindrance or any safety violation in establishing the said petrol bunk. Therefore, the objection stated by the respondent is erroneous. Hence, the impugned order is quashed and the respondents are directed to give a No Objection Certificate with a condition that the absolute safety measures and other conditions prescribed by the other authorities should be followed strictly.

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

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W.P(MD)No.11792 of 2025

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5.With the above observations, this Writ Petition is allowed. There

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shall be no order as to costs. Consequently, connected miscellaneous petition is

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closed.