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Madras High CourtWP/9255/2023disposed of

Anandakumar v. The Principal Secretary

2023-08-08Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Anandakumar .. Petitioner -vs1. The Principal Secretary Department of Revenue St. Fort George Secretariat, Government of Tamil Nadu Chennai - 09.

2. The Commissioner of Revenue Administration Chepauk, Chennai - 05.

3. The Collector Coimbatore District.

4. The President Othakalmandapam Town Panchayat Coimbatore.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the respondents 3 and 4 from proceeding with the construction of electric crematorium and shift the proposal of the new construction and old existing crematorium to some other place.

For the Petitioner :

Mr.M.T.Arunan For the Respondents :

Mrs.R.Anitha, SGP (RR1 to 3) R4 - No appearance

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.T.Arunan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the first to third respondents.

2. The grievance is about the construction of the gas crematorium on the ground that it is near School, Temple and marriage halls.

3. There appears to be disputed questions of fact with regard to the distance of the School, Temple and marriage halls from the crematorium. The petitioner has already given a representation dated 15.08.2022. The fourth respondent shall decide the representation submitted by the petitioner on its own merits and in accordance with law and policy, expeditiously, preferably within three months.

4. With the above directions, the writ petition stands disposed of. No costs.

(S.V.G., CJ.) (P.D.A., J.) 08.08.2023 Index : yes/no : Yes/No Maya To:

1. The Principal Secretary Department of Revenue St. Fort George Secretariat, Government of Tamil Nadu Chennai - 09.

2. The Commissioner of Revenue Administration Chepauk, Chennai - 05.

3. The Collector Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) 08.08.2023