M.Kathiresan v. State of Tamil Nadu

O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.] This public interest litigation is filed by the petitioner challenging the proposal of the respondents to construct an electric crematorium in AWD land in Survey No.374 of Kuchanur Village, Uthamapalayam Taluk, Theni District.

¶2Learned counsel for the petitioner submits that the subject land, wherein the electric crematorium is proposed to be constructed, is at the southwest corner of the village and normally, crematoriums will be formed at the northeast corner of the village. Further, already, there is a crematorium at the northeast corner of the village. However, instead of modernizing the existing crematorium, the respondents have chosen the subject land for construction of the electric crematorium at the southwest corner of the village. Further, the proposed site is nearer to the Arulmigu Saneeswara Bagavan Temple and when there is a practice of burying the dead bodies, construction of electric crematorium is against the custom being followed by the residents of the said village.

¶3Mr.P.Thilakkumar, learned Government Pleader, who takes notice for the respondents, on instructions, submits that pursuant to the directions issued by the National Green Tribunal, the Government has proposed to establish an electric crematorium in the subject village and in order to prevent the other villagers from availing the facility of the modernized electric crematorium, this writ petition has been filed.

¶4On perusal of the records, this Court finds no merit in this writ petition and this Court is also able to visualize that this writ petition has been filed with an ulterior motive to prevent the Government from establishing a modernized crematorium to avoid air pollution. Therefore, this Court is not inclined to entertain this public interest litigation.

¶5Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.J., J.] [N.S., J.]

23.01.2026 NCC : Index : Internet :

krk To:

1.The Principal Secretary, Department of Rural Development and Panchayat Raj, State of Tamil Nadu, Secretariat, Chennai-9.

2.The Additional Chief Secretary, Department of Revenue and Disaster Management, State of Tamil Nadu, Secretariat, Chennai-9.

3.The District Collector, Collectorate, Theni District.

4.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

5.The Tashildar, Theni, Theni District.

6.The Assistant Director of Town Panchayats, Collectorate, Theni District.

7.The Chairman, Kuchanur Town Panchayat, Kuchanur, Uthamapalayam Taluk, Theni District. DR.G.JAYACHANDRAN,-J. AND N.SENTHILKUMAR,-J. krk W.P.(MD)-No.1644-of-2026 and W.M.P.(MD)-No.1309-of-2026

23.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.(MD) No.1309 of 2026 M.Kathiresan ... Petitioner -vs- 1.State of Tamil Nadu rep.by its Principal Secretary Department of Rural Development and Panchayat Raj Secretariat, Chennai-9 2.State of Tamil Nadu rep.by its Additional Chief Secretary Department of Revenue and Disaster Management Secretariat, Chennai-9 3.The District Collector Collectorate, Theni District 4.The Revenue Divisional Officer Uthamapalayam Taluk Theni District 5.The Tashildar Theni, Theni District 6.The Assistant Director of Town Panchayats Collectorate, Theni District 7.The Kuchanur Town Panchayat rep.by its Chairman Kuchanur, Uthamapalayam Taluk Theni District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus directing the respondent No.3 to drop the proposal of constructing the Electric Crematorium at AWD Land in Survey No. 374, Kuchanur Village, Uthamapalayam Taluk, Theni District, by considering the representation submitted by the Petitioner's villagers dated 31.12.2025 within the time frame stipulated by this Court. For Petitioner : Mr.P.Muthuvijayapandian For Respondents : Mr.P.Thilakkumar Government Pleader