M. Venugopal, J.

The petitioner has filed this writ petition as a resident in the larger interest of the public Nathamedu, praying for the relief of issuance of Writ of Certiorarified

Mandamus calling for the entire records in Na.Ka.No.39318/2006/l3 dated 211. 2006 passed by the first respondent viz., the District Collector, Namakkal District and quash the same and consequently directing the first respondent viz., the Collector, Namakkal District to allot permanently the existing burial ground situated in the Government land comprised in Survey No.112/2 for the Nathamedu Village people for performing their last funeral rites in the burial ground continuously.

2.According to the petitioner, in the Mangalam Village Panchayat there are 16 hamlets one among them is the Nathamedu hamlet wherein there are population of 500 persons residing in the Nathamedu hamlet for more than years together for 3 generations by their forefathers and that Village people living in Nathamedu hamlet was having their free access in the Government land in Survey No.112/2 and they were performing last funeral rites in the said land for these years using the same as burial ground.

.3. It is the further case of the petitioner that this custom practice was disturbed when the

.third respondent, Hereditary Trustee, Arulmigu Karpoora Vinayagar Alagunachiamman Temple, Mangalam Village and Post, Tiruchengode Taluk, Namakkal District constructed a temple in Government land comprising in S.No.112/2 on 20.05.2005 and that the kumbabishekam was performed and before the construction of new temple, the third respondent temple was situated in the opposite side of the existing position in Survey No.123 and when the death of a lady took place in Nathamedu hamlet on 20.09.2005, the third respondent and their men restrained the Nathamedu hamlet Village people for the first time from entering into the said Government Pormboke lands comprised in Survey No.112/2 for carrying out the last funeral rites in the burial ground and among the two groups of people there was a law and order problem in this regard and to settle the problem, a peace meeting on 35. 2005 took place in the presence of the Tahsildar, Tiruchengode and Deputy Superintendent of Police and the two groups agreed to restore the original position that existed before the construction of the temple from 07.07.2005 after the completion of the mandala poojas.

4. On behalf of the petitioner, it is stated that the third respondent along with Police Officials and with the help of second respondent caused serious mental agony and pressure on 20.09.2005 when a death took place in the Nathamedu hamlet and successfully prevented the said Village people from entering into a Government land in Survey No.112/2 for performing their last rites and that the officials of the Government buried the said persons body in the Government land comprising in Survey No.112/2, which cannot be disputed by them at any point of time and in fact, the Panchayat Administration viz., Mangalam Village Panchayat passed a resolution on 010. 2005 seeking the first respondent to permit the Nathamedu hamlet people to continue to do their last funeral rites in the Government land in Survey No.112/2 without any obstacle.

.5. The stand of the writ petitioner is that the third respondent filed a suit for permanent injunction on the file of District Munsif, Tiruchengode in O.S.No.349 of 2005 as if he is the lawful owner of the Government land in Survey No.112/2 against the Nathamedu hamelet Villagers and that the peace meeting dated 30.08.2005 referred to in the order was not at all held on the said day and the Village people never accepted the proposal in regard to the performance of the last funeral rites in the watershed (Odai Poramboke) lines and as a matter of fact, the signatures of four villagers were taken by the Revenue Officials for the purpose of circumventing and setting right the law and order problem pertaining to the death of one