SASIKUMAR Vs. EXECUTIVE MAGISTRATE CUM REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This petition has been filed to set aside the order passed in A2/MC 03/2020 dated 02.09.2020, on the file of the first respondent.

(2.) On the side of the petitioners, it is stated that the third respondent purchased the land in survey No.172/3 within 100 feet away from the temple. There are 250 hindu families residing surrounding the temple and a cashew nut factory is functioning near the temple. The third respondent purchased the land as agricultural land having rubber trees. There is a church two kilometers away from the place. Now the land was used as a burial ground.

(3.) It is stated that the burial of dead bodies in residential area was objected by the hindu people, since the groundwater will be affected. As per Sections 278 and 279 of the Tamil Nadu District Municipalities Act, for using a land as a burial ground, the license from the municipality is necessary. The first petitioner filed a petition in W.P.(MD)No.26267 of 2019, preventing the burial of dead bodies without obtaining proper license from the Panchayat.