JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to not to set up or construct or permit any Electric Hitech Gasifier Crematorium in a waterbody called 'Pudhukulam Kanmoi' in S.No.134/2, Thallakulam Village, Madurai Town and in violation of the judgment and decree of the civil Court dated 22.03.1991 in O.S.No.42 of 1985 before the learned District Munsif, Madurai Town, by causing health hazard to the thousands of residents, employees and workers living and having their day to day life in the said locality. Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents herein from causing health hazards by constructing the Electric Hitech Gasifier Crematorium in S.No.134/2, Thallakulam Village, Madurai in violation of the judgment and decree of the civil Court dated 22.03.1991 in O.S.No.42 of 1985 before the learned Principal District Munsif Court, Madurai, by considering the petitioner's representation dated 13.08.2021 by way of objection.) Common Order P.N. Prakash, J. 1. These two writ petitions have been filed for a direction to the respondents herein not to put up an 'Electric Hitech Gasified Crematorium' in Survey No.134/2, Thallakulam Village, Madurai, on the ground that the said area has been classified as a 'waterbody' in the Revenue records. 2. On the direction of this Court, the Commissioner, Madurai Municipal Corporation, has filed a status report dated 21.09.2021 justifying the proposed installation of a gasified crematorium in Town Survey No.83 of Thallakulam Village, Madurai. 3. Before adverting to the rival contentions, it may be necessary to state a few facts. 3.1. The site in question, namely, Survey No.134/2, Thallakulam Village, is undoubtedly shown in the Revenue records as a 'waterbody'. Over a period of time, the waterbody appears to have got dried and the city of Madurai started expanding by leaps and bounds. As the boundaries of the Madurai city expanded, Thallakulam Village was also brought into the fold of Madurai Corporation. Survey numbers were reclassified as Town Survey numbers and the said area acquired the name 'Karpaga Nagar'. 3.2. Over a period of time, the waterbody appears to have got dried and the city of Madurai started expanding by leaps and bounds. As the boundaries of the Madurai city expanded, Thallakulam Village was also brought into the fold of Madurai Corporation. Survey numbers were reclassified as Town Survey numbers and the said area acquired the name 'Karpaga Nagar'. 3.2. Sometime in the year 1985, about seven residents of Karpaga Nagar filed a suit in O.S.No.42 of 1985 in the Court of the Additional District Munsif, Madurai, against the District Collector, Madurai District and the Commissioner, Madurai Corporation for an order of injunction restraining them from putting up any staircase or other structures in Survey No.134/2 in Thallakulam Village and for a direction to them to remove the existing structures. 3.3. It may be pertinent to state here that, even in paragraph No.6 of the plaint in O.S.No.42 of 1985, it is stated as follows:- “6.The plaintiffs submit that the place lying on the northern side of the tank (which is on the east of the houses of plaintiffs and other residents) used temporarily as burial ground by Christians for the past 6 years. Subsequently the Muslims also began to use as burial ground and Hindus to use it as a burning ground for the past two years.” This suit was decreed ex parte on 22.03.1991. 3.4. Thus, from a reading of paragraph No.6 of the plaint that has been extracted above, even according to the residents, Hindus, Christians and Muslims were using that place as a burial ground. 3.5. It is common knowledge that Christians and Muslims would bury the dead in their respective burial grounds and many Hindu communities cremate the dead using fire wood. As Madurai population started increasing, the need for expeditious disposal of the dead scientifically by either usage of electric crematorium or by gasified crematorium, became necessary. 3.6. The Madurai Corporation approached the Tamil Nadu Chamber of Commerce and Industry (for brevity “the Chamber of Commerce”) for a Public-Private Partnership to install a gasified crematorium in the places where the Hindus were cremating their dead in Thallakulam Village. 3.7. A Memorandum of Understanding was entered into between the Chamber of Commerce and Madurai Corporation on 16.07.2021, under which, the construction of the gasified crematorium should have to be completed and commissioned after obtaining statutory approvals, within a period of three months. 3.7. A Memorandum of Understanding was entered into between the Chamber of Commerce and Madurai Corporation on 16.07.2021, under which, the construction of the gasified crematorium should have to be completed and commissioned after obtaining statutory approvals, within a period of three months. When the Chamber of Commerce began construction, these two public interest litigations have been filed for stalling the same on the grounds that were urged before us. 4. Mr.VR.Shanmuganathan, learned counsel for the petitioner, submitted that the installation of the gasified crematorium is in violation of the ex parte decree in O.S.No.42 of 1985. 5. Refuting the aforesaid submission, Mr.Veera Kathiravan, learned Additional Advocate General, placed strong reliance on the judgment of a Division Bench of this Court in Meenakshisundaram Textiles, rep by its Managing Director v. Valliammal Textiles Ltd., Tiruppur, [ (2011) 7 MLJ 652 ] and the relevant paragraph thereof reads as follows:- “21. From the above discussions, it is manifestly clear that even a judgment rendered ex parte and a decree is drawn on the basis of that judgment, it is appealable. In case that judgment and decree become final without there being any appeal, the decree is executable. In that sense, there is no difference between a judgment and decree and an ex parte judgment and decree. In view of the above, in the event the defendant is set ex parte, the Court should be extra careful in such case and it should consider the pleadings and evidence and arrive at a finding as to whether the plaintiff has made out a case for a decree. In this context, it may also be mentioned that though a detailed judgment is required in a contested matter, an ex parte judgment should show the application of the minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment.” 6. Mr.VR.Shanmuganathan, took us through the averments in the decree wherein the learned Judge has stated that he has considered the evidence of P.W.1 and documents filed by him and has passed the decree. 7. However, in paragraph No.21 of Meenakshisundaram Textiles (supra) extracted above, it is clearly stated that even for an ex parte decree, it should be shown that the pleadings, issues and evidences were considered and the relief granted. We find that the aforesaid decree does not satisfy the law laid down in Meenakshisundaram Textiles (supra). 8. 7. However, in paragraph No.21 of Meenakshisundaram Textiles (supra) extracted above, it is clearly stated that even for an ex parte decree, it should be shown that the pleadings, issues and evidences were considered and the relief granted. We find that the aforesaid decree does not satisfy the law laid down in Meenakshisundaram Textiles (supra). 8. Mr.VR.Shanmuganathan contended that Survey No.134/2, Thallakulam Village, has been classified as 'Pudukulam Kanmoi' and all judgments clearly say that there shall not be any construction whatsoever on a waterbody. In this regard, he placed strong reliance on the order of the National Green Tribunal in O.A.No.125 of 2021 dated 23.08.2021, wherein, there is a clear direction to the authorities to restore the Survey Nos.134/2 and 134/2A1, to their original position by removing the constructions, if any raised thereon. 9. Per contra, Mr.Veera Kathiravan, learned Additional Advocate General, placed reliance on the directions of the National Green Tribunal in O.A.No.333 of 2021 dated 12.04.2022, wherein, the authorities have been directed to install gasified crematoriums throughout the country in lieu of using wood for cremation. 10. The Commissioner, Corporation of Madurai, has filed a status report, wherein, in paragraph Nos.3 to 6, it is stated as follows:- “3) The following offices are located in above referred survey numbers. a) T.S.No.73 – MLA office and Forest Department Office. b) T.S.No. 74- Press Colony. c) T.S.No. 76 to 77- RTO Office. d) T.S.No. 78- Hindu Crematorium. e) T.S.No. 80 Christian Cemetery. f) T.S.No. 82- Muslim Burial Ground. g) T.S.No. 84- Telecom Department Office. h) T.S.No.85-Transport Department Workshop and Office. i) T.S.No. 87 & 88- Press Colony. j) T.S.No. 90- Account General Office. k) T.S.No. 92- Pumping Station and Micro Composed Yard. l) T.S.No. 101-Government Law College Hostel. The Cremation Centre and Burial Ground are Located in TS.No. 78 & 83 measuring 7050 sqm, 1740 Sqm respectively, with total measurement of 8790 Sqm. This burial and Cremation Ground exists for the past 43 years. 4) The proposed Electric Hi tech Gasifier Crematorium is planned to be located in T.S.No.83 measuring 1740 Sqm. 5) With in the Madurai Corporation there are two Gasifier Crematoriums one at Thathaneri and one another at Keerathurai (Moolakarai). Even those areas are thickly populated. This burial and Cremation Ground exists for the past 43 years. 4) The proposed Electric Hi tech Gasifier Crematorium is planned to be located in T.S.No.83 measuring 1740 Sqm. 5) With in the Madurai Corporation there are two Gasifier Crematoriums one at Thathaneri and one another at Keerathurai (Moolakarai). Even those areas are thickly populated. 6) The Gasifier Crematorium planned to be installed in T.S.No. 83 referred above is going to be constructed by 5th respondent and it is being supported by a large number of public. If the Gasifier Crematorium is located far away from this area, it will not be of any use to the people in the locality. If we move an existing crematorium to a new location, people in those localities may also object. The Corporation is upgrading many such traditional crematoriums across the city to modern eco-friendly crematorium in a phased manner. This will in fact support the community at large.” 11. We carefully considered the aforesaid rival contentions. We find that the National Green Tribunal was not apprised of the fact that, Hindu, Christians and Muslims were burying and cremating their dead in that Survey number for over a long period of time. 12. It is common knowledge that some Hindu communities would cremate the dead bodies near to waterbodies, because they perform certain rituals like having bath, etc., before and after cremating the dead. They also immerse the ashes in the waterbodies. In the city, this requirement is met by constructing bathrooms attached to electric and gasified crematoriums. 13. It is the case of the respondents that for several decades, the waterbody had dried and hence, over which, so many Government buildings have already come including the staff quarters for the Madras High Court employees. The Government Law College Hostel also appears to have been built thereon. 14. In such view of the matter, the modernization of the existing burial ground by installing gasified crematorium would cause no prejudice to anyone, especially, in view of the fact that residential colonies have mushroomed subsequently. Thus, when people purchased the land in the area, they were aware of the fact that there was a crematorium and burial grounds located near by. We cannot lose sight of the fact that, crematoriums and burial grounds cannot be located very far away, as that would lead to a lot of inconvenience to the public. 15. Thus, when people purchased the land in the area, they were aware of the fact that there was a crematorium and burial grounds located near by. We cannot lose sight of the fact that, crematoriums and burial grounds cannot be located very far away, as that would lead to a lot of inconvenience to the public. 15. Learned counsel for the petitioner contended that under Section 402 of the Madurai City Municipal Corporation Act 1971, a permission is required from the Commissioner for putting up a crematorium. In response to which, Mr.V.Karthic, learned Senior Counsel appearing for the Chamber of Commerce, submitted that in terms of the proceedings dated 01.07.2021 of the Commissioner, Corporation of Madurai, the Chamber of Commerce would get the necessary clearances before the gasified crematorium is commissioned. This is recorded. 16. In the peculiar facts and circumstances of this case and bearing in mind the fact that public are themselves demands a gasified crematorium in that place, we are of the opinion that, the installation of the gasified crematorium should not be further stalled. In the result, these writ petitions are dismissed as being devoid of merits. No costs. Consequently, connected miscellaneous petitions are dismissed.