M.N.Selvam, S/O.M.Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.5816 of 2017 M.N.Selvam .. Petitioner Vs 1 The District Collector Namakkal District, Namakkal.

2 The District Revenue Officer 3 The Tahsildar 4 The Block Development Officer Pudusathiram 5 The Revenue Inspector Sellappampatty Namakkal Taluk & District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 23.11.2016 in a time bound manner.

For Petitioner : Mr.G.Murugendran For Respondents : Mr.R.Vijayakumar Addl. Government Pleader

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents.

2. The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 23.11.2016 in a time bound manner.

3. The petitioner is the resident of Sellappampatty Village. He pleads that 50 years back the government allotted One Acre of land for usage as burial ground to the villagers. During 20072008, the government acquired 60 Meters breadth of land for laying 6 lane roads (National Highways) and construction of bridge and it was promised that alternative land would be allotted. It is claimed that the villagers are constrained to use the balance extent of 8 Cents of land as burial ground for entire village. The petitioner earlier filed W.P.No.40965 of 2016 seeking disposal of representation and the said writ petition was disposed of directing the respondents to consider his representation. It is stated that though the Assistant Director, Geological Survey and Mines had given no objection for changing the location of burial ground to S.No.

103/3, the said land is not suitable for usage as burial ground. In this regard, the petitioner also submitted a representation dated 23.11.2016 to the first respondent/District Collector. Despite the same, no steps have been taken by the respondent authorities. Hence, the present writ petition for the relief stated supra.

4. On hearing the learned counsel for the parties, we direct the first respondent to consider the representation of the petitioner dated 23.11.2016 and take necessary steps to allot alternative site for usage as burial ground.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.6236 of 2017 is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi To 1 The District Collector Namakkal District, Namakkal.

2 The District Revenue Officer 3 The Tahsildar

4 The Block Development Officer Pudusathiram 5 The Revenue Inspector Sellappampatty Namakkal Taluk & District.

+1 cc to Mr.G.Murugendran Advocate sr 15256/17 W.P.No.5816 of 2017 vgl(co) aa15/03/2017