Gopalji Agarwal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7498 of 2014 and M.P.Nos.1 & 2 of 2014 Gopalji Agarwal ..Petitioner vs 1.The District Collector, 2.The Commissioner/Executive Officer, Minjur Panchayat Union, Minjur.

3.The Revenue Divisinal Officer, 4.The Tahsildar cum Executive Magistrate 5.The Superintendent of Police, .. Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to dispose of the representation of the petitioner dated 04.02.2014.

For Petitioner : Mr.V.Bhiman For Respondents : Mr.M.Elumalai 1, 3 to 5 Government Advocate For Respondent 2 : Mr.S.Gunasekaran

O R D E R

The grievance of the writ petitioner is that adjacent to his patta land, the dead bodies are buried by some villagers.

2. The learned counsel appearing on behalf of the writ petitioner states that in respect of unauthorised place of burying, the writ petitioner is repeatedly submitting representation, raising his apprehensions on various aspects. If the dead bodies are buried unauthorizedly, the same may have some legal implications and consequences. Since, the petitioner's land is adjacent, he requested the District Collector to initiate appropriate action to prevent such usage of identified common places for burying dead bodies and the representation sent on 04.02.2014, has not been considered by the first respondent. Thus, the writ petitioner is constrained to move the present writ petition.

3. Under these circumstances, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioner on 04.02.2014 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and other documents if any available along with the order passed in this writ petition.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nmm/kak TO 1.The District Collector, 2.The Commissioner/Executive Officer, Minjur Panchayat Union, Minjur.

3.The Revenue Divisinal Officer,

4.The Tahsildar cum Executive Magistrate 5.The Superintendent of Police, +1cc to Mr.V.BHIMAN, Advocate, S.R.No.39387 +1cc to the Government Pleader, S.R.No. 40443 W.P.No.7498 of 2014 and W.M.P.Nos.1 & 2 of 2014 KK(CO) TR(04/07/2018)