A.Tamilarasan v. Union Of India Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.Nos.1285 and 1286 of 2023 1.A.Tamilarasan 2.Mahadevan 3.S.Kalaiselvan ... Petitioners Vs.

1. Union of India represented by The Chief Secretary to Government Government of Puducherry Chief Secretariat Puducherry-605 001 2.The District Collector-cum-Secretary to Government (LAD) Office of the District Collector I Floor, New Collectorate Building Vazhudavoor Road, Pettaiyanchathiram Puducherry-605 009 3.The Project Director District Rural Development Agency 2nd floor, Housing Board complex Anna Nagar, Puducherry-605 005

4.The Under Secretary to Government (Power) Industrial Development (Power) Department Government of Puducherry Chief Secretariat Puducherry-605 001 5.The Director Local Administration Department Puducherry 6.The Commissioner Bahour Commune Panchayat Bahour, Puducherry-605 402 7.The Superintending Engineer Electricity Department Puducherry.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to consider and take appropriate action on the representations dated 26.12.2022 submitted by the petitioners thereby to drop the proposal for establishing crematorium/burial ground in R.S.No.14/3B, Mathikrishnapuram village, Utchimedu Revenue Village, Bahour, Puducherry. For Petitioners : Mr.Prakash Adiapadam For Respondents : Mr.Nirmal Kumar, AGP for R1 to 6 Mr.D.Ravichander for interested parties

O R D E R

This writ petition has been filed seeking to issue a issue a Writ of mandamus directing the respondents to consider and take appropriate action on the representations dated 26.12.2022 submitted by the petitioners thereby to drop the proposal for establishing crematorium/burial ground in R.S.No.14/3B, Mathikrishnapuram village, Utchimedu Revenue Village, Bahour, Puducherry.

2. The main grievance of the petitioners are that establishing the cremation ground near their place would cause serious loss to them. Further, it is the contention of the learned counsel for the petitioners that earlier three places have been identified. While identifying the Government has spent about 12 lakhs. Now the subject land has been identified to satisfy some third parties. Therefore, it is his contention that their representation has to be considered.

3. Mr. Nirmal Kumar, learned Additional Government Pleader, takes notice for the respondents and submits that G.O has been passed on 13.09.2022, wherein the land belonging the Electricity Department has

been transferred to the Government for establishing the crematorium and on 12.01.2023 the DTCP has given No objection certificate. Similarly, Pollution Control Board has given No objection Certificate in the year 2022 and Police also has given No objection for constructing the crematorium.

4. When the land has been identified at the request of the villagers for their benefit and Government has passed necessary orders, as a matter of right the petitioners cannot stall such proceedings mainly on the ground that they have their neighbouring lands.

5. As rightly pointed by the learned counsel for the petitioner, they have filed the Writ Petition to consider their representation. Unless and until there is any violation of rules has been established, the Writ Petition cannot be maintained as a matter of right. The petitioners have not established their legal right to challenge in establishing the crematorium.

6. In such view of the matter, this Court do not find any merits in the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.

Consequently, connected Writ Miscellaneous Petitions are closed. 19.01.2023 kpr Index:Yes/No Speaking/Non-speaking order

To 1.The Chief Secretary to Government Union of India represented by Government of Puducherry Chief Secretariat Puducherry-605 001 2.The District Collector-cum-Secretary to Government (LAD) Office of the District Collector I Floor, New Collectorate Building Vazhudavoor Road, Pettaiyanchathiram Puducherry-605 009 3.The Project Director District Rural Development Agency 2nd floor, Housing Board complex Anna Nagar, Puducherry-605 005 4.The Under Secretary to Government (Power) Industrial Development (Power) Department Government of Puducherry Chief Secretariat Puducherry-605 001 5.The Director Local Administration Department Puducherry 6.The Commissioner Bahour Commune Panchayat Bahour,Puducherry-605 402 7.The Superintending Engineer Electricity Department Puducherry.

N. SATHISH KUMAR, J.

kpr & W.M.P.Nos.1285 and 1286 of 2023 19.01.2023