Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan
A.Sadasivam – Appellant
Versus
District Collector and Inspector of Panchayats – Respondent
ORDER :
G.K. Ilanthiraiyan, J.
This writ petition in WP.No.3340 of 2024 has been filed for direction to respondents 1, 2, 5 & 6 to take appropriate action as against the illegal burial in survey No.78/9 admeasuring to an extent of 75 cents situated at Mallikundam Village, Mettur Taluk, Salem District as per the representation submitted on 23.01.2023. The other writ petitions in WP.Nos.25577 & 25587 of 2024 have been filed challenging the order passed by the first respondent dated 15.06.2024 thereby reclassified the land comprised in survey No.78/9 admeasuring 0.12.0 hectare out of 0.30.0 hectares from the classification of Government poramboke to burial ground.
2. The petitioner in WP.No.3340 of 2024 and WP.No.25577 of 2024 are one and the same. He owns agricultural land in survey no.333/3A1 situated at Mallikundam Village, Mettur Taluk, Salem District and also residing there with his family members. The petitioners in WP.No.25587 of 2024 own agricultural land in survey No.333/1 and survey Nos.334/1A1A, 333/3A2 situated at Mallikundam Village, Mettur Taluk, Salem District. Adjacent to their lands, a common public well and a Muniappan temple are situated in survey no.78/9 (hereinafter
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....
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.
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
The court established that historical use and prior classification of land as a burial ground take precedence over later regulatory restrictions.
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 ruling reaffirmed that compliance with local laws and health regulations is crucial for the establishment of burial grounds, overriding entitlement claims without substantial evidence.
Mandamus issued to prevent burial on Vandipadhai land; authorities directed to provide alternative burial ground.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
