Baby Sugumari, v. The State of Tamilnadu,

ORDER This writ petition has been filed for issuance of writ of mandamus, directing the respondents 1 to 6 to act upon the representation made by the petitioner on 02.03.2021.

¶2The grievance of the petitioner is that the subject properties are agricultural lands, which absolutely belong to the petitioner and her family members. While so, on the instigation of the 7th and 8th respondents, the agricultural lands are attempted to be made as an approach road to the burial ground. That apart, they are also attempting to illegally bury the dead bodies in front of the agricultural lands. It is under these circumstances a representation was given by the petitioner and since the same was not acted upon, the present writ petition has been filed before this Court.

¶3When the matter was taken up for hearing, the learned Government Advocate appearing for the official respondents submitted the written instructions received from the 4th respondent. The relevant portions in the report of the 4th respondent are extracted hereunder:- "kJiu fpof;F tl;lk;> uh[hf;$u; cs;tl;lk;> nts;shq;Fsk; fpuhkj;jpy; gpw;gLj;jg;gl;Nlhu; r%fj;ijr; Nru;e;jtu;fs; gad;gLj;Jk; kahdk; muR Gwk;Nghf;F Gy vz;.6/1 - gug;G 0.07.0 n`f;Nlu;> gad;ghl;by; cs;sJ. ,k;kahdj;ij nts;shq;Fsk; fpuhkj;ijr; Nru;e;j gpw;gLj;jg;gl;l kf;fshd Rkhu; 60 FLk;gq;fis Nru;e;j ,e;J - fs;su; kw;Wk; ,e;J ahjtu; ,d kf;fs; gad;gLj;jp

tUfpd;wdu;.

,wg;G

elf;Fk; nghOjpy; ,f;fpuhkj;jpy; ,Ue;J ,we;jtiu mUfpy; cs;s eQ;ir epyj;jpd; topahf vLj;Jr; nrd;W mlf;fk; nra;J te;jdu;. Mdhy; ,we;jtu;fspd; cly;fis nfhz;L nry;Yk; ed;nra; epykhdJ Gy vz;.17/3 - gug;G 0.93.0 n`f;Nlu;> gl;lh vz;. 132 d;gb> Nggp RFkhup vd;w ngaupy; fpuhkf; fzf;Ffspy; jhf;fyhfpAs;sJ. jw;NghJ tiu kahdj;jpw;F ghijahf gad;gLj;jpa Gy vz;fs; tptuk; t.v z; Gy vz; tifg;ghL; gug;G (n`f; Vu;]; ) gl;lhjhuu; tptuk; ed;nra;

0.93.0 gl;lh vz;.132 Nggp RFkhup ed;nra;

0.14.0 gl;lh vz;.21 FNshg;[h

gPgp mk;khs; ed;nra;

0.32.5 gl;lh vz;.132 Nggp RFkhup Nkw;gb Gyq;fspy; topahf ,we;jtu;fspd; cly;fis vLj;Jr; nrd;Ws;sjhf tprhuizapy; njupa tUfpwJ. Nkw;gb kahd Gy vz;.6/1 -f;F nrd;W tu ghijahdJ nghJg;ghijahf ,y;iy. kDjhuu; 2019 Mk; Mz;L Nkw;gb Gy vz;fis fpiuak; ngw;Ws;shu;. mjw;F Kd;G Nkw;gb Gyq;fspd; cupikahsu;fs; kahdj;jpw;F nrd;W tu Ml;Nrgid VJk; njuptpf;ftpy;iy. kDjhuu; fpiuak; ngw;w gpd;du;

jhd;

ghijahf

gad;gLj;j

Ml;Nrgid njuptpf;fpwhu;."

¶4It is clear from the above that the burial ground is situated at S.No.6/1 and that dead bodies are taken through S.Nos.17/3, 4/20 and 4/11. The authorities are in the process of finding out an alternate pathway to take the dead bodies.

¶5The learned Government Advocate appearing submitted that a police complaint was also given in this regard and such complaint was enquired in CSR No.207/2020. Based on some understanding reached between the parties, the parties were directed to approach the civil Court and hence, it was closed on

04.03.2020.

¶6It is also brought to the notice of this Court that subsequent to the filing of this writ petition, a suit was filed by the petitioner against the 7th and 8th respondents and others and the same is pending in O.S.No.2 of 2020 before the District Munsif Court, Melur.

¶7Taking into consideration the facts and circumstances of the case, it is left open to the petitioner to work out her remedy in the pending suit in O.S.No. 2 of 2020 and proceed further in accordance with law. Except this, no further orders can be passed in this writ petition.

¶8This writ petition is disposed in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

16.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No TO:-

1.The District Collector, State of Tamilnadu, The District Collector Office, Madurai – 625 002.

2.The District Superintendent of Police, Madurai Suburban District, Sarveyor Colony, Madurai – 625 007.

3.The Revenue Divisional Officer (Melur), Revenue Divisional Office, Narasingam Othakkadai, Madurai – 625 107.

4.The Tahsildar, Madurai East Taluk Office, Madurai District.

5.The Block Development Officer (BDO), Madurai (East) Panchayat Union, Near PTR Marriage Hall, Madurai – 625 002.

6.The Inspector of Police, Othakkadai Police Station, Othakkadai, Madurai – 625 107. WP(MD)No.6034oofo2021 N.ANANDoVENKATESH,oJ. sm Orderomadeoin W.P.(MD)No.6034oofo2021 andoW.M.P.(MD)No.4940oofo2021 Dated:

16.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.6034 of 2021 and W.M.P.(MD)No.4940 of 2021 Baby Sugumari ...Petitioner /Vs./ 1.The State of Tamilnadu, Rep. by the District Collector, The District Collector Office, Madurai – 625 002. 2.The District Superintendent of Police, Madurai Suburban District, Sarveyor Colony, Madurai – 625 007. 3.The Revenue Divisional Officer (Melur), Revenue Divisional Office, Narasingam Othakkadai, Madurai – 625 107. 4.The Tahsildar, Madurai East Taluk Office, Madurai District. 5.The Block Development Officer (BDO), Madurai (East) Panchayat Union, Near PTR Marriage Hall, Madurai – 625 002. 6.The Inspector of Police, Othakkadai Police Station, Othakkadai, Madurai – 625 107. 7.Ravi (Thotti) 8.Karpagam Ravi ....Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the respondents 1 to 6 to take appropriate action on the basis of petitioner's representation dated 02.03.2021, within the time stipulated by this Honourable Court. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.R.Ragavendran (R1 to R6) Government Advocate