JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 28.04.2023 passed by the learned Single Judge in W.P.No.10908 of 2023.)

Dr. G. Jayachandran, J.

“Whether, under the Rules of 1999, the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village?”

Is the order of reference for which this Full Bench is constituted.

2. For answering the order of reference, the genesis of the dispute needs to be understood. Hence, the same is narrated in a nutshell.

Thiru.Narashimmulu Naidu, a resident of Vijayamambapuram, Nochili Village, Pallipet Taluk, Tiruvallur District died at Chennai on 01.04.2023. On the next day, he was buried in his village which is in a portion of the land comprised in S.F.No.201/3. The said land is classified as ''Dry Land'' as per the revenue records. It stands in the name of one Ramesh Naidu, S/o.Chengalvaraya Naidu vide Patta No. 119. The said Ramesh Naidu died 10 years ago and his wife Shantha and two sons are residing in Chittor, State of Andhra Pradesh.

3. W.P. No.10908 of 2023 was filed by one B.Babu Naidu, who claims to be the neighbourin