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Madras High CourtWP/14607/2004closed

R.Renuka Devi v. The District Collector

2019-01-04Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No. 14607 of 2004 and W.P.M.P.Nos. 17315 of 2004 and 10504 of 2005 1.R.Renuka Devi 2.T.Mahesh 3.T.Ramesh

...Petitioners

(Petitioners represent by their General Power of Attorney T.Prabaharan) Vs 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Sriperumbudur Taluk, Sriperumbudur 602 105.

3.The Block Development Officer, Kunrathur Panchayat Union, Padappai 601 301.

4.The President, Karasangal Panchayat, Karasangal Village, Sriperumbudur Taluk, kancheepuram District 601 301.

5.D.Krishna Moorthy 6.S.Rajendran 7.S.Nazir Dheen 8.M.Sinnakannan 9.M.Durai Achary

...Respondents

(RR5 to R9 impleaded as per order dated 03.11.2004 in WMP.No.25436/2004) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to forbear from permitting any person in using S.Nos.189 or 191 of Karasangal Village as a burial ground for disposal of the dead.

For Petitioner : Mr.Karthik Lakshmanan For M/s.AL.Ganthimathi For Respondents : M/s.R.Janaki, AGP for R1 to R3 Mr.K.Elango for R4 Mr.D.Abdullah for R5 to R9.

O R D E R

Pursuant to the orders of this Court dated on 19.12.2018, Mr.C.Chandrababu, Block Development Officer, Kundrathur Panchayat Union @ Kundrathur, Kancheepuram District is present before this Court today.

2.The Block Development Officer reiterated that the land in question is being used as a cremation ground and as a burial ground. At this Juncture, the learned counsel for the petitioner states that the writ petition itself was filed by a power holder and who died on 21.12.2009 itself. Thus, the cause aroused for filing of the present writ petition became vanished.

3. In view of the factual submissions made by the learned Additional Government Pleader that the land in question is being used as burial ground and cremation ground and the facts submitted by the writ petitioner that the writ petitioner, who is a power holder is passed away, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition.

4. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kak/kmm To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Sriperumbudur Taluk, Sriperumbudur 602 105.

3.The Block Development Officer, Kunrathur Panchayat Union, Padappai 601 301.

+1 cc to The Government Pleader, Sr.No.1897 +1 cc to M/s.A.L.Ganthimathi, Advocate Sr.No.1614 W.P.No. 14607 of 2004 SS(CO) CSL/31.01.2019