District Collector directed to initiate land acquisition for access to public cremation ground.

The petitioner sought a writ of mandamus directing the authorities to provide an unhindered public pathway to the Kandani Village public cremation ground situated in Government Poramboke land in Survey No.42/4, Nenjathur Village, Ilayangudi Taluk, Sivagangai District.

The cremation ground had allegedly been in use for more than 60 years, but access was obstructed because the land was landlocked and surrounded by private lands.

The authorities stated that the land was classified as “Oorani” in the ‘A’ Register, although it had long been used as a cremation ground and a crematorium had been constructed thereon.

Private landowners whose lands were proposed to be used for access were impleaded as respondents 5 to 12.

The Tahsildar recommended acquisition of lands in Survey Nos.42/1B1, 42/3, 42/6A and 42/6B3 for creation of the pathway.

An objection concerning a temple/samathi situated on one of the lands was clarified, and it was stated that there was no objection to the pathway passing across the construction.

Whether the State authorities were required to secure public access to the cremation ground situated in Survey No.42/4 despite the absence of an existing unobstructed pathway through the surrounding private lands

Whether the pathway could be created through Survey Nos.42/1B1, 42/3, 42/6A and 42/6B3 by following the due process of acquisition

The Court exercised its jurisdiction under Article 226 of the Constitution of India to consider the petitioner’s claim for a writ of mandamus requiring public authorities to address the lack of access to a public cremation ground.

The Court applied the principle that public authorities may be directed to take lawful administrative measures to secure access to an essential public facility, but that private property cannot be appropriated or used without following the statutory process for acquisition and payment of compensation.

The Court found that the cremation ground had been used for many years and that the absence of access resulted from its being surrounded by private lands.

Since the proposed pathway would pass through patta lands, the Court recognised that access could not be created merely by executive direction without due process.

It therefore accepted the administrative recommendation to acquire the lands in Survey Nos.42/1B1, 42/3, 42/6A and 42/6B3 and directed the District Collector to initiate the acquisition process as early as possible.

The Court also noted that the temple/samathi objection did not prevent the proposed alignment, as no objection remained to the pathway passing across the construction.

The Court did not prescribe a separate time limit because the acquisition period would be governed by statute.

The writ petition was accordingly closed without costs.