ORDER

This writ petition has been filed seeking for issuance of a Writ of Certiorari to quash the order dated 08.08.2016 passed by the first respondent in Na.Ka.M1/19929/2015.

2. The case of the petitioner is that he is the owner of the properties in S.Nos.32/2, 6, 10, 11 and 12 situated in Melakalavai Village, Anathur Post, Gingee Taluk, Villupuram. It is alleged by the petitioner that adjacent to his land, there is a vacant land in S.No.35/3 classified as “Mayanam”, and on instigation of the respondents 6 and 7, the people belonging to Adi Dravidar community take the dead bodies through the petitioner's property to reach the burial ground in S.No.35/3. Therefore, the petitioner made a representation dated 30.04.2015 before the first respondent relocation of the burial ground to the alternative location in S.No.33/3 which is also vacant. After conducting enquiry, the first respondent rejected the petitioner's claim vide order dated 08.08.2016, holding that the subject property is not suitable for burial ground.

Challenging the same the present writ petition has been filed.

3. In view of the nature of dispute involved, this Court vide order dated

24.11.2022, appointed Mr.B.Logeshwarn and Ms.B.Narmadha as learned Advocate Commissioners to find out as to whether any suitable place is available including S. No.33/3 which could be used as burial ground. The Advocate Commissioners were directed to file a status report along with photographs on the next date of hearing i.e., 01.12.2022, pursuant to which a status report is filed after inspecting the subject property. A perusal of the report makes it clear that while a portion of S. No.33/3 is encroached and has been utilised for agricultural purpose, however, it is stated that there is sufficient place available in S. No.33/3, in the other portion, which could be used a burial ground. The report of the Advocate Commissioners is taken on record.

4. Learned counsel appearing for the petitioner as well as learned counsel appearing for the respondents 6 and 7 submitted that they have no objections to use S. No.33/3 as burial ground and cremation center for the use of Adi Dravidar people. Therefore, it is submitted that this Court may set aside the impugned order passed by the first respondent and remand the matter to the first respondent with a direction to remove the encroachments made in S.No.33/3 for setting up a burial ground and cremation center.

5. On the above contentions and also the report filed, this Court heard the learned Special Government Pleader appearing for the respondents 1 to 5 who has no objection to this Court passing the aforesaid order.

6. Heard the learned counsel appearing on both sides and perused the materials placed on record.

7. A perusal of the report submitted by the Advocate Commissioners reveals that though certain portion of the subject property is being used for the purpose of agriculture, however, sufficient place is available for relocating and setting up a burial ground and cremation center in S. No.33/3. It is further to be noted that there is a consensus between the petitioner and respondents 6 and 7 have to set up a burial ground and cremation center in S. No.33/3 after removing the encroachment as pointed out by the Advocate Commissioners in their report. In view of the fair stand taken by the learned counsel appearing for the petitioner as well as respondents 6 and 7, this Court is inclined to issue the following directions:-

(i) The impugned order dated 08.08.2016 is set aside, the writ petition is allowed and the matter is remanded to the first respondent for consideration;

(ii) The petitioner as well as respondents 6 and 7 are directed to submit a joint representation along with a copy of this order to the 1st respondent for relocation of the burial ground to S. No.33/3 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said representation, the first respondent is directed to consider the said joint r