A villager sought mandamus against conversion of a survey land classified as a water body into a burial/cremation ground. The court held only notified places can serve as burial or cremation grounds and directed restoration of the water body and legal action.
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W.P(MD)No.29091 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.29091 of 2025 and W.M.P(MD)No.22555 of 2025
K.K.Mayilsamy
... Petitioner
Vs.
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W.P(MD)No.29091 of 2025
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against fifth respondent who is trying to convert the property in Sy.No.312/7, of Palakkanuthu Village, Dindigul West Taluk, into a crematorium /grave-yard by considering the representation of the petitioner dated 18.09.2025 within a time frame that may be stipulated by this Court.
For Petitioner : Mr.SC.Herold Singh For Respondents : Mr.M.Gangatharan Government Advocate for R.1 to R.3
Mr.R.Ragavendran Government Advocate for R.4
ORDER
Heard the learned counsel for the writ petitioner, the learned
Government Advocate appearing for the respondents 1 to 3 and the learned Government Advocate appearing for the fourth respondent. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.
2.The petitioner is a resident of Palakkanuthu Village. His allegation is
that Survey No.312/7 is being converted into a burial ground.
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W.P(MD)No.29091 of 2025
3.The learned Government Advocate confirms that Survey No.312/7 has
been classified only as “odai” (water body).
4.The Hon'ble Full Bench had already held that a place can be used as a burial ground or a cremation ground only if it has been duly notified. Admittedly, Survey No.312/7 has not been notified as a burial or cremation ground. Therefore, nobody can be allowed to convert the same. A water body must remain a water body for all times to come. If the character of the water body has been altered, the original position shall be restored. Appropriate legal action shall be taken against the persons who had indulged in such illegal activities.
5.This Writ Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [B.P., J.] 16.10.2025
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
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W.P(MD)No.29091 of 2025
G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
MGA
To
W.P(MD)No.29091 of 2025
16.10.2025
4/4
2 issues framed by the court
Can Survey No.312/7, classified as a water body ('odai'), be converted into a burial or cremation ground without notification?
Should authorities restore the water body and act against those who altered its character?
1 provisions across 1 enactments
K.K.Mayilsamy
The District Collector, Dindigul
The Revenue Divisional Officer, Dindigul Division
The Tahsildar, Dindigul West Taluk
The Special Officer, Pudhuchatiram Panchayat
Manikandan
G.R.Swaminathan
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
