A PALANIAPPAN Vs. COLLECTOR NAMAKKAL DISTRICT

JUDGEMENT

(1.) THE petitioner has filed this writ petition as a resident in the larger interest of the public Nathamedu, praying for the relief of issuance of Writ of Certiorarified Mandamus calling for the entire records in Na.Ka.No.39318/2006/l3 dated 27.11.2006 passed by the first respondent viz., the District Collector, Namakkal District and quash the same and consequently directing the first respondent viz., the Collector, Namakkal District to allot permanently the existing burial ground situated in the Government land comprised in Survey No.112/2 for the Nathamedu Village people for performing their last funeral rites in the burial ground continuously.

(2.) ACCORDING to the petitioner, in the Mangalam Village Panchayat there are 16 hamlets one among them is the Nathamedu hamlet wherein there are population of 500 persons residing in the Nathamedu hamlet for more than years together for 3 generations by their forefathers and that Village people living in Nathamedu hamlet was having their free access in the Government land in Survey No.112/2 and they were performing last funeral rites in the said land for these years using the same as burial ground.

(3.) THE stand of the writ petitioner is that the third respondent filed a suit for permanent injunction on the file of District Munsif, Tiruchengode in O.S.No.349 of 2005 as if he is the lawful owner of the Government land in Survey No.112/2 against the Nathamedu hamelet Villagers and that the peace meeting dated 30.08.2005 referred to in the order was not at all held on the said day and the Village people never accepted the proposal in regard to the performance of the last funeral rites in the watershed (Odai Poramboke) lines and as a matter of fact, the signatures of four villagers were taken by the Revenue Officials for the purpose of circumventing and setting right the law and order problem pertaining to the death of one villager and his body was buried in the Government land comprised in 123. THE learned counsel for the petitioner submits that the first respondent, the Collector, Namakkal District has rejected the request of the Nathamedu Villagers and passed orders on 27.11.1996 suggesting an alternative place Survey No.125/3 belonging to a private individual concerned with the temple and the other one being in Survey No.89, a watershed in the river bank and therefore, the order of the first respondent is illegal, arbitrary and violation of Government orders.