IMPORTANT POINT
The court established that historical use and prior classification of land as a burial ground take precedence over later regulatory restrictions.

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. The said grant was opposed by the predecessor of the petitioner/appellant viz. Nanjunda Rao, who made a claim before the Director of Settlements in RP 169 of 1965 for reclassification of 50 cents of land in Survey No.207/4 on the eastern part as burial ground for the Namdev Community. The case was remitted to the Assistant Settlement Officer by the Director of Settlement by its order dated 14.07.1965. After remand, the Assistant Settlement Officer conducted an enquiry and after giving opportunity to the Pattadarar viz. Rajagopal Naidu, based on the records concluded that 25 cents of land in Survey No.207 /6 was used as a burial ground and the same was improperly included in the holding of the land owner as Ryoti land. Therefore, the said land was directed to be removed from the Patta granted to Rajagopal Naidu and treated as burial ground Promboke. It is admitted that this order has become final. Thereafter, it appears that the sixth and seventh respondents encroached upon the land. Therefore, the petitioner/appellant made several representations to the Authorities concerned, since those representations remained unanswered, he moved this Court by way of a Writ Petition in WP No.3783 of 2018 seeking a Writ of Mandamus directing the respondents to consider his representation dated 23.01.2017 to maintain 25 cents of land in Survey No.207/6 as a burial ground.

4. When the above Writ Petition came up for hearing before this Court, the learned Special Government Pleader had produced a letter addressed to him by the Tahsildar, Shoolagiri, wherein it was observed that the land in Survey No.207/6 remained only as a burial ground and it was omitted to be included in the ‘A’ Register. The said letter also states that steps are being taken to classify the said land as burial ground through the Sub Collector, Hosur. Another order dated 22.02.2018 made by the Tahsildar, Shoolagiri was also placed before the Division Bench, wherein the Tahsildar, Shoolagiri has observed as follows:

When the Writ Petition came up for hearing on 23.02.2018 these proceedings were placed before the First Division Bench of this Court and hence the Writ Petition was disposed of observing as follows:

“From the letter bearing Na.Ka.565/2018/A2 dated 23.02.2018 of the Tahsildar, Shoolagiri, addressed to the Government Pleader, it appears that the grievances of the petitioner have been redressed. Let a copy of the letter be taken on record.

Writ Petition is dismissed as infructuous as the grievances of the petitioner have been redressed.”

5. Complaining that despite the said orders of the Division Bench no action has been taken to classify the land as burial ground and earmark it, the petitioner filed another Writ Petition in WP No.14067 of 2021 which came to be disposed of on 08.07.2021. A direct