IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2024 CORAM :

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.11057 of 2024 and W.M.P.No.12134 of 2024 M.Rajendiran ... Petitioner Vs.

1.The Tahsildar, Tiruvallur Taluk, JN Road, Thiruvallur – 602 001.

2.The Commissioner, Thiruvallur Municipality, Thiruvallur.

3.The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein not to permit any of the villagers or others from burying or burning or cremating any dead bodies in the petitioner's property measuring an extent of 8.02 cents comprised in Survey Nos.614/1, 2 and 3 in Pungathur Village, Thiruvallur Taluk and District based on the petitioner's representation dated 07.11.2023.

For Petitioner : Mr.A.R.Suresh For Respondents :

For R1 : Mr.P.Gurunathan Additional Government Pleader For R2 : Mrs.C.Meera Arumugam Additional Government Pleader For R3 : Mr.C.E.Pratap Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed by the petitioner seeking for issuance of a Mandamus, to direct the respondents herein not to permit any of the villagers or others from burying or burning or cremating any dead bodies in the petitioner's property measuring an extent of 8 Acres 02 Cents comprised in Survey Nos.614/1, 2 and 3 in Pungathur Village, Thiruvallur Taluk and District based on the petitioner's representation dated 07.11.2023.

2. The case of the petitioner is that he owned an agricultural land in the village called Pungathur Village, Thiruvallur District, measuring to an extent of 3 Acres 47 Cents in S.No.614/1, which was inherited by him by way of four Settlement Deeds dated 14.02.1977 in Doc.Nos.2746/1977, 2748/1977, 2749/1977 and 2750/1977, registered before the Sub Registrar Office, Thiruvallur District. The petitioner was granted Patta in the said 3 Acres 47 Cents of land in Patta No.395. Likewise, the property measuring to an extent of 2 Acres 90 Cents comprised in S.No.614/2 in Pungathur Village, Thiruvallur District was purchased by the petitioner's father, namely Murugesa Mudhaliar and he was the absolute owner of the said property. The petitioner's father executed a registered Will in favour of the petitioner's sons viz., R.Mukundhan and R.Sivakumar with life interest estate vide Doc.No.33/2004 on the file of the Sub Registrar Office, Thiruvallur. The petitioner's father died on 14.05.2004. After the death of the petitioner's father, the property was bequeathed by the petitioner and he is in peaceful possession and enjoyment of the property with his family.

3. Similarly, the petitioner's mother had executed a registered Settlement Deed in favour of the petitioner for the property measuring to an extent of 1 Acre 65 Cents comprised in S.No.614/3 in Pungathur Village, Thiruvallur District vide Doc.No.6038/2010 on the file of the Sub Registrar Office, Thiruvallur. The petitioner has been in continuous possession and enjoyment of the above-said properties measuring to an extent of 8 Acres 02 cents comprised in S.Nos.614/1, 2 and 3 in Pungathur Village, Thiruvallur District and cultivated the same. For the past 5 years, the petitioner have been planting casuarina trees and plants. The petitioner's property is situated on the eastern side of the road leading to Dadhukanpettai/Thavuthkanpettai Village, Thiruvallur District. The petitioner submitted that there is a separate burial ground for burying the dead corpses on the western side of the same road in the said village. Though there is a separate burial ground, the villagers are burying the dead corpses on the western side of the petitioner's agricultural lands abutting the road. Inspite of his repeated objections to the villagers not to use his agricultural lands as a burial ground, they are still making attempts to use his lands. As a result of which, the petitioner's lands are not suitable for c