J.Krishnakumar, v. The Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.3128 of 2018 J.Krishnakumar S/o.N.Jaganathan .. Petitioner versus 1.

The Sub Collector Pollachi, Coimbatore District.

2.

The Tahsildar Pollachi Taluk, Pollachi Coimbatore District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 29.01.2018 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.K.T.Devendran Additional Government Pleader

O R D E R

Mr.K.T.Devendran, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 29.01.2018, wherein and whereby, he sought for fixing boundaries and fencing the subject matter property, which is, used as a burial ground, by the local people.

3. It is stated that the petitioner is owning an agricultural land adjacent to the burial ground situated at S.No.3, Block No.3, Ward No.H, Pollachi Municipal Limit, https://hcservices.ecourts.gov.in/hcservices/

Coimbatore District and however, as there is no fencing in the said burial ground, the people are encroaching upon the petitioner's land also and trying to bury the dead bodies in his land. Therefore, the petitioner made the said representation and it is stated that the said representation is still pending.

4. Considering the above stated facts and circumstances, the respondents are directed to consider the said representation of the petitioner dated 29.01.2018 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and also conducting local inspection of the subject matter property. Such exercise shall be done by the respondents, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.The Sub Collector Pollachi, Coimbatore District.

2.The Tahsildar Pollachi Taluk, Pollachi Coimbatore District.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.10872 +1cc to the Government Pleader, S.R.No.11307 W.P.No.3128 of 2018 RRK(16/02/2018) https://hcservices.ecourts.gov.in/hcservices/