K.S.Ponnusamy vs Kandasamy I.A.S., and 4 others

2026:MHC:4517
CONT P No. 4347 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN
AND
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CONT P No. 4347 of 2025
CNR: {HCMA012882172025}
K.S.Ponnusamy
..Petitioner(s)
Vs
1. Kandasamy I.A.S.,
The District Collector,
District Collector Office,
Erode.
2. Sivanantham,
The Revenue Divisional Officer,
Gobichettipalayam,
Erode District.
3. Elanchelian,
The Revenue Tahsildar,
Anthiyur,
Erode District.
4. Arul Azhagan
The Assistant Engineer,
Public Works Department,
Bhavanisagar Division,
Bhavanisagar,
Erode District.
5. Amudha
Thavuttupalayam Panchayat Union,
Thavuttupalayam,
Anthiyur Taluk,
Erode District.
..Respondent (s)
__________
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2026:MHC:4517
CONT P No. 4347 of 2025
PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts
Act to punish the respondents for Contempt of Court under Contempt of Courts
Act 1971 for willful disobedience of the order passed by this Court dated
23.06.2025 passed in W.P.No. 22222 of 2025.
For Petitioner(s): Mr.R.NALLIYAPPAN,
For Respondent (s): MR.B.SIVAKOLLAPPAN, AGP
ORDER
(Order of the Court was made by C.V.Karthikeyan J.)
This contempt petition has been filed stating that the directions issued in
WP No.22222 of 2025 have not been complied with.
2.In the said writ petition, directions had been issued that the land in
S.F.No.197 at Kuppandampalayam Village, Anthiyur Taluk, Erode District
which has been classified as ‘Odai’ in the revenue records should not be used as
a burial ground. But subsequent to the order, that place has been used as a
burial place on various occasions.
3.Notice had been directed to the respondents and a report had been filed
by the Tahsildar, Anthiyur, wherein, he has stated as follows:
7) I respectfully submit that pursuant to the
judgement made by Hon'ble High Court of Madras in
W.P.No.22222 of 2024 on 23.06.2025 the following steps
have been taken to prevent burial of dead bodies.
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2026:MHC:4517
CONT P No. 4347 of 2025
1. In this connection the team consisting the
officials of the Revenue Department, Public Works
Department and the Police Department has jointly
advised the public on 29.09.2025 and 21.04.2025
detailing the ban order and not to bury any dead body in
the Odai Poramboke,
2. Government Poramboke land classified as
unassessed waste Kallankuthu in R.S.No.245/2 in
KuppandamPalayam revenue village for an extent of
0.12.00 hectare was transferred as Mayanam for the use
of Public of Karattur and Karatturmedu hamlets vide
Proceedings of the District Collector Erode in
No.3954/2026/E4, dated.04.08.2026.
3. Tahsildar, Anthiyur has instructed the field staffs
in the Na.Ka.No.573/2026/A1 dated 18.02.2026 to instruct
the public concerned for the exhumation of the dead
bodies and to bury the dead bodies in the designated
place. The copy of which was communicated to the Block
Development Officer, Anthiyur for necessary action since
the provision of burial and burning of the dead bodies are
vested with the Block Development Officer concerned.
4. The Executive Engineer, Water Resources
Department, Bhavanisagar Division, Bhavanisagar has
erected a Caution Board on 27.09.2025 in R.S.No.197 in
Kuppandampalayam Revenue Village, Anthiyur Taluk
classified as Sarkar Poramboke - Odai notice as follows:
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2026:MHC:4517
CONT P No. 4347 of 2025
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4.It had been stated that with respect to the burial of dead bodies
subsequent to the directions of this Court, the petitioner herein had already filed
WP No.27968 of 2026, which is now pending consideration before a learned
Single Judge.
5.In view of the report that a separate place had been identified as
Mayanam and that necessary steps had been taken to ensure that bodies are
buried only in that particular place in R.S.No.245/2, we would close the
contempt petition with liberty to the petitioner to re-open the same if necessity
arises.
(C.V.K.,J.) (R.S.V.,J.)
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SLI
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2026:MHC:4517
CONT P No. 4347 of 2025
To
1.Kandasamy I.A.S.,
The District Collector,
District Collector Office,
Erode.
2.Sivanantham,
The Revenue Divisional Officer,
Gobichettipalayam,
Erode District.
3.Elanchelian,
The Revenue Tahsildar,
Anthiyur,
Erode District.
4.Arul Azhagan
The Assistant Engineer,
Public Works Department,
Bhavanisagar Division,
Bhavanisagar,
Erode District.
5.Amudha
Thavuttupalayam Panchayat Union,
Thavuttupalayam,
Anthiyur Taluk,
Erode District.
__________
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2026:MHC:4517
CONT P No. 4347 of 2025
C.V.KARTHIKEYAN, J.
AND
R.SAKTHIVEL, J.
SLI
CONT P No. 4347 of 2025
03-11-2026
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