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2025 Supreme(Mad) 4463
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.Subramaniam, A.D.Maria Clete, JJ.
R.Lakshmikanthan - Petitioner
Versus
The District Collector, Thanjavur and ors. - Respondents
W.P(MD)No.17049 of 2025
Decided On : 09-07-2025
Advocate Appeared:
For the Petitioner: Mr. A.K.H.M.Mohamed Abdul Rasiq
For the Respondent: Mr. P.Thilak Kumar, Government Pleader
The court upheld that the mere proximity of a burial ground to a public road does not warrant relocation unless there is proven inconvenience to the public.
Headnote:(A) No specific statutes or sections cited directly in this judgment.
(B) The court determined that proximity of the burial ground to the road does not constitute a valid reason for relocation.
(C) The petitioner claimed inconvenience due to the burial ground's location.
(D) The court addressed whether the burial ground was causing public inconvenience. (E) The court reasoned that there was no substantial evidence of inconvenience to residents, making the petition's claims unacceptable. (F) The writ petition was dismissed with no order as to costs. (G) Parties involved: Petitioner, Respondents (District Collector, Thanjavur and others).
| Table of Content |
|---|
| 1. writ petition seeks relocation of burial ground. (Para 1) |
| 2. petitioner claims inconvenience from burial ground. (Para 2 , 3) |
| 3. court finds no inconvenience from burial ground. (Para 4) |
| 4. writ petition dismissed with no costs. (Para 5) |
ORDER :
S.M.SUBRAMANIAM, J.
The writ on hand has been instituted to direct the respondents to take immediate steps to shift the graveyard/cremation ground situated adjacent to the public road running from Saakottai to Krishnapuram, located in the lands owned Annalagraharam Grama Panchayat to a suitable alternative location that does not endanger public peace, health or safety.
2.Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents submitted that two Villagers are using the said burial ground for the burial of dead bodies.
3.The contention of the petitioner is that the burial ground is located close to the road and is causing inconvenience to the road users.
4.However, such a contention is unacceptable. According to the learned Government Pleader, the burial ground is not causing any inconvenience to the residents of the locality. That being the case, the relief sought for by the petitioner cannot be granted.
5.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
