V RAJENDRAN Vs. DISTRICT MUNSIF THIRUVAIYARU

JUDGEMENT

(1.) THIS is a Revision under Art. 227 of the Constitution of India to quash all proceedings in O.S. No. 353 of 1992, on the file of the District Munsif's Court, Thiruvaiyaru, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) THE circumstances under which the Revision is preferred, may be summarised as follows:- First respondent in this Revision is the District Munsif before whom the above suit was instituted by the second respondent herein for himself and on behalf of the villagers of Andakudi claiming themselves as Caste Hindus against the petitioner herein along with the State of Tamil Nadu.

(3.) IT is said that on 20.11.1992, one Thangayan, a Harijan died and instead of burying him in the Harijan burial ground, the Harijans attempted to take the dead body through Kudiyanavar Street and wanted to bury him opposite to the Caste Hindu burial-ground where there is no place at all to bury or burn any dead body. The matter was reported to police and Revenue Department, Deputy Inspector of Police, Kumbakonam, Tahsildars of Papanasam and Kumbakonam and other officials came to the scene and when talks were progressing, some of the officials left the place. A little later, the dead body was brought in a taxi and the same was buried just opposite to the Caste Hindu burial ground. This caused great tension in the locality, and in the peaceful village of Andakudi, tension prevailed because of the high-handed action of the officials themselves and quarrels began to crop up among the two communities. IT is further said that the claim of Harijans to bring the deady body through the streets of Caste Hindus to reach the new burial ground is absolutely untenable. A petition was sent on 23.11.1992 by plaintiff and others to all persons concerned, on which no action was taken. IT is said that if the Harijans are allowed to bury the deady body in the new place instead of their own burial ground, it will create unnecessary problem. Hence, according to the plaintiff, they have to be restrained by an order of injunction. Plaintiff also wants the revenue officials to be prevented from instigating the Harijans to take the dead body and to bury the same in front of the Caste Hindus burial ground. Even though the suit was instituted against the Government, no notice under S. 80, C.P.C. was issued. There is an allegation in the plaint that since emergency relief was prayed for, permission may be granted for instituting the suit without issuing notice under S. 80, C.P.C. Ultimately, the cause of action for the suit is said to be that on 20.11.1992, the Harijans, in collusion with the Government officials and police officials, carried a dead body through Caste Hindus street, and buried the same in a place not officially recognised as burial ground in the revenue records or in any other records, and were giving out in the village that they will bury the dead body only in that place hereafter, at Andakudi village, Papanasam Taluk, where the occurrence took place and where the defendants are also residing.