Actor-politician Vijay led TVK on Sunday made a mention before Justice M Dhandapani of the Madras High Court to order CBI or Special Investigation Team probe into the tragic death of 40 people during a stampede at a rally held by the party on September 27 in Karur.

The toll in the stampede here rose to 40 after a man succumbed to injuries at the government hospital, a health official said on Sunday.

A group of advocates led by TVK's advocates' wing president S Arivazhagan went to the residence of Justice M Dhandapani on Greenways road here and made a mention.

Stopping short of alleging a conspiracy into the incident, TVK deputy general secretary Nirmal Kumar told reporters that the party had approached the high court bench with a plea for an impartial inquiry into the incident.

In the alternative, they requested the court to initiate suo motu proceedings into the incident (death of 40 people due to stampede).

According to TVK party functionary Nirmal Kumar, the judge asked the advocates to file a petition before the Madurai Bench of the Madras High Court and it will be taken up for hearing on Monday at 2.15 pm.

Earlier in the day, Tamil Nadu Health Secretary P Senthil Kumar said 39 persons died and 67 persons were undergoing treatment as in-patients.

"In this unfortunate incident, 39 deaths have been reported--17 women, 13 men, 4 male children, and 5 female children. The postmortem has been done for 30 (out of 39 deceased) and the bodies have been handed over to their families," Senthil Kumar told reporters after visiting the patients at the GH.

On the admissions, he said 26 people were treated in the OPD and were discharged. And of the 67 admitted as in-patients, 2 were critical. All others were stable. One of the patients was shifted to the Madurai GH for further treatment.