Mandamus issued to prevent burial on Vandipadhai land; authorities directed to provide alternative burial ground.

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the Respondents 1 to 8 as to prevent any such burying of dead bodies by the respondents 9 -18 and others or to use the said Vandipathai or Road being the Government Land G.C.S. Kandigai Village, R.K.Pet Taluk, Thiruvallur in Survey No. 69 (Square 0.50 ares) for some other purpose For Petitioner(s): Mr.M.Kempraj For Respondent(s): Mr.C.Gowthamaraj, GA for R1 to 8 R9 to 18 No appearance

ORDER

This writ petition has been filed to direct the respondents 1 to 8 as to prevent any such burying of dead bodies by the respondents 9 -18 and others or to use the said Vandipathai or Road being the Government Land G.C.S. Kandigai Village, R.K.Pet Taluk, Thiruvallur in Survey No. 69 (Square 0.50 ares) for some other purpose.

2. The learned counsel for the petitioner would submit that in this case, the subject land at Survey No.69, is classified as “Vandipadhai”. However, the said land is utilised by the Dwaragapuram Villagers as burial ground for the purpose of burying the dead bodies. In this regard, an objection was filed by the petitioner. In spite of the same, no steps have been taken by the official respondents. Hence, this petition.

3. In reply, the learned counsel for the official respondents would submit that subsequent to the receipt of petitioner's objection, the respondents had instructed the villagers not to bury the dead bodies in subject land and they had also made alternative arrangements and enabled the villagers to utilise the burial ground of Adi-Dravidar Colony for time being. Now, a proposal has been sent for allotment of separate burial ground for the Dwaragapuram Villagers. Hence, he requests this Court to pass appropriate orders.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, the subject land at Survey No.69, is classified as “Vandipadhai”. However, the said land is utilised by the Dwaragapuram Villagers as burial ground. In this regard, an objection was filed by the petitioner.

6. Today, it was submitted by the official respondents that subsequent to the receipt of petitioner's objection, the respondent made alternative arrangements and enabled the Dwaragapuram villagers to utilise the burial ground of Adi-Dravidar colony for time being. Further, it was submitted that now, a proposal has been sent for allotment of separate burial ground for the Dwaragapuram Villagers.

7. The above submissions made by the respondents is hereby recorded.

From the said submissions, it is clear that the interest of the petitioner as well as the Dwaragapuram Villagers have been taken care by the respondent. Accordingly, the Authority concerned directed to allot a separate burial ground for Dwaragapuram villagers within a period of 4 months from the date of receipt of a copy of this order. Till then, the Dwaragapuram villagers shall utilise the burial ground of Adi-Dravidar Colony instead of subject land for the purpose of burying the dead bodies.