P.MUTHUSAMY Vs. B.VENNILA

JUDGEMENT

(1.) Since both the Appeals arise out of the order of the Writ Court in WP 21871 of 2013, the Appeals are taken up for disposal together.

(2.) The Appellants who are the fifth and the seventh respondents in WP No.21871 of 2013 launched by the first respondent in both the Appeals, seeking a Writ of Mandamus directing the official respondents, viz. respondents 1 to 4 in the Writ Petition to remove the dead body buried in Survey No.237/1A which is located adjacent to the property of the first respondent herein, and classified as Vandi-pathai Poramboke are aggrived by the judgment of the writ court allowing the said prayer. A prayer to remove the statue of Nandhi (Bull) installed at the grave was sought for and granted.

(3.) The claim of the petitioner was that there are separate burial grounds for Backward Class Community and Scheduled Caste Community in Navakurichi Village, Attur Taluk of Salem District. The burial ground for Backward Class Community measures about 94 cents and it situate in Survey No.238/4 and the burial ground for Scheduled Caste Community measures about 92 cents and it situate in Survey No.252/10. Claiming that the fifth respondent and others had buried the body of the mother of the fifth respondent in the land in Survey No.237/1A, classified as Cart Track (Vandhi Pathai), situate adjacent to the land belonging to the petitioner, the petitioner sought for the extraordinary relief of exhumation.