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R. SUBRAMANIAN, R. SAKTHIVEL
S. Seenivasa Rao – Appellant
Versus
District Collector, District Collector Office, Krishnagiri – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 23.08.2023 made in W.P. No.1647 of 2022.
The appellant is aggrieved by the dismissal of his Writ Petition in which he sought for a relief of a Writ of cretiororified Mandamus to quash the order of the second respondent dated 30.12.2021 and to rectify the errors that had crept in the Revenue Records in respect of land measuring 25 cents in Survey No.207/6 of Maruthandapalli Village, ShoolagiriTaluk, Krishnagiri District.
2. It is the claim of the appellant that the said land served as a ground for the Maratha (Namadev) Community in the said Village and it was so declared by the Assistant Settlement Officer as early as on 04.11.1965. It is the contention of the petitioner that an extent of about 25 cents in Survey No.207/6 of Maruthandapalli Village, which formed part of Survey No.207/4 was used as a burial ground of the Namdev Community in the Village which consisted of 10 to 12 families. During the settlement proceedings that took place in the year 1965, the land in question was declared as a Ryotwari Land and Patta was granted in favour of one Rajagopal Naidu.
3. T
Reclassification of land as a burial ground must follow legal procedures, including obtaining a license and allowing for community objections; failure to do so invalidates the administrative decision....
The right to life guaranteed under Article 21 of the Constitution of India includes the right to dignity and respect, which extends to a person's dead body.
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The main legal point established in the judgment is that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryo....
A burial site requires a license from the Village Panchayat, and procedural lapses in reclassification of land as a burial ground render such actions invalid.
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
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