IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.04.2024 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.12771 of 2021 and W.M.P. Nos.13570, 13571 and 13879 of 2021 R.Malika ... Petitioner Vs

1. The District Collector, Office of the District Collector, Tiruppur District, Karuppa Goundanpalayam, Tiruppur – 641 604.

2. The Tahsildar, Tiruppur South, Seventhapalayam, Tiruppur – 641 606.

3. The President, Nachipalayam Village Panchayat, Koduvai-Nachipalayam Road, Tiruppur – 641 606.

4. The Inspector of Police, Avinashipalayam Police Station, Avinashipalayam, Tiruppur District – 638 660.

5. Saravana Kumar (R5 impleaded vide order dated 27.10.2021 made in W.M.P.No.24066 of 2021 in W.P.No.12771 of 2021)

6. Tiruppur Labbai Sunnath Jamaath Masjith, Rep by its Muthavalli, M.Shahul Hameed, S/o.K.F.Mahammed Yoosuf, No.63, Big Bazaar Street, Tiruppur – 641 604.

(R6 impleaded vide order dated 18.08.2022 made in W.M.P.No.1624 of 2022 in W.P.No.12771 of 2021)

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings dated 23.02.2021 passed by the first respondent in Na.Ka.No.3450/2021/A1, quash the same and direct the respondents to stop all further proceedings pertaining to the proposed burial ground at Nachipalayam Village, Tiruppur, adjacent to the schedule property of the petitioner.

For Petitioner : Mr.M.L.Joseph for M/s.Chennai Law Associates For Respondents : Mr.P.Sanjay Gandhi, Government Advocate (for R1, R2 & R4)

Mr.Stalin Abhimanyu, Additional Government Pleader (for R3)

Mr.M.Guruprasad (for R5)

Mr.P.Dinesh Kumar (for R6)

O R D E R

The Writ Petition has been filed challenging the order passed by the first respondent dated 23.02.2021, thereby, the first respondent re- classified the land comprised in S.No.24/3 of an extent of 0.38.5 hectares from Sarkar Thoppu to burial ground.

2. The petitioner and the fifth and sixth respondents belonging to the same Village, viz., Rangapalayam, Nachipalayam, Tiruppur District. While pending the Writ Petition, the fifth and sixth respondents were impleaded in this Writ Petition and supporting the case of the petitioner. By a registered Partition Deed dated 04.07.2014, vide Document No.1895 of 2014, the petitioner and her family members had acquired title to the properties, which were purchased by their father. As per the said Partition Deed, the properties ad-measuring 0.10 acres in S.No.24/2, 0.58 acres in S.No.25/1, 0.59 acres in S.No.25/2, 0.69 acres in S.No.25/3, 3.01 acres in S.No.33/1, 0.28 acres in S.No.33/3 and 3.81 acres in S.No.39(Part), totally measuring 12.26 acres in Nachipalayam Village, Tiruppur South Taluk, Tiruppur District, were allotted to the petitioner. In pursuant to the said Partition Deed, the petitioner is in possession and enjoyment of the said properties. Adjoining the said land, there is an “Odai” which runs through the Southern boundary of the petitioner's property. Adjacent to the said Odai, there is a land comprised in S.No.24/3, which was classified as 'Sarkar Thoppu'. While that being so, based on the representation submitted by some of the persons, the first respondent re-classified the said Sarkar Thoppu land as burial ground for the purpose of using the same, to bury the body for specific community by the impugned proceedings dated

23.02.2021.

3. The specific case of the petitioner is that, no notice was given to the adjacent land owners and also no public notice was given to raise their objections. In fact, the third respondent resolved by a resolution dated 09.02.2021, objecting the said re-classification of the land as burial ground and sought for allotment of the said land for the purpose to build public bathrooms and toilets for more than 300 families residing in Rangapalayam Adi Dravida Colony.

4. While pending the Writ Petition, this Court appointed an Advocate Commissioner to find out as to whether any classification