L.Kuppan @ Kuppuraja v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.04.2016 Coram The Hon'ble Mr.Justice T.S.SIVAGNANAM Writ Petition No.13268 of 2016 and W.M.P.No.11648 of 2016 L.Kuppan @ Kuppuraja

...Petitioner

Vs.

1.

The District Collector, O/o. The District Collector, Thiruvallur District.

The Executive Officer, Tirunindravur Town Panchayat, TirunindravurThiruvallur District.

3.

D.Baskar

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take immediate action as against the third respondent for illegal closure of the entrance through the 17th Ward, based upon the representation, dated 13.01.2016. For Petitioner : Mr.S.Kumaradevan For Respondent-1 : Mr.R.Rajeswaran Special Government Pleader For Respondent-2 : Mr.P.Chinnadurai Government Advocate

O R D E R

Heard Mr.S.Kumaradevan, learned counsel appearing for the petitioner, Mr.R.Rajeswaran, the learned Special Government Pleader, accepting for first Respondent, and Mr.P.Chinnadurai, learned Government Advocate, accepting notice for second respondent.

The petitioner has filed this Writ Petition seeking for issuance of Writ of Mandamus to direct respondents 1 and 2 to take immediate action as against the third respondent for illegal closure of the entrance through the 17th Ward, based upon the representation, dated 13.01.2016.

3.

The petitioner is a resident of Tiruninravur Town Panchayat. He is aggrieved by the action initiated by the said Town Panchayat in constructing a Ward, thereby, closing the existing entrance to the crematorium ground. The petitioner would admit that there is a separate entrance for the crematorium ground, but, he has filed this Writ Petition, stating that already existing second entrance to the crematorium ground should not be closed. In my view, the issue raised by the petitioner is purely within the realm of the second respondent, who has to take note of the objection, if any, raised by the petitioner, or by any other residents of that area, and this Court cannot issue any direction, as sought for by the petitioner.

4.

During the course of arguments, the learned counsel appearing for the petitioner accepted the fact that by closing the existing entrance, the petitioner and other persons rights to go through the said entrance and to come out by way of other entrance of the crematorium ground would be affected. If this is the petitioner's case, then, obviously, the petitioner's representation/objection is thoroughly without any basis. In other words, the petitioner seeks to use the land abutting the crematorium ground, which is a modern crematorium, as a thoroughfare, which is obviously, cannot be permitted. In any event, it is for the petitioner to follow up his representation with the authorities. As already stated, no relief, as sought for in this Writ Petition can be granted.

5.

In the result, the Writ Petition is dismissed. However, this will not prevent the petitioner to pursue his representation before the Authorities, if so advised. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sd

To 1.

The District Collector, O/o. The District Collector, Thiruvallur District.

The Executive Officer, Tirunindravur Town Panchayat, Tirunindravur, Thiruvallur District.

+1cc to Mr.S. Kumaradevan, Advocate, S.R.No.22571 +1cc to Mr.P. Chinnadurai, Advocate, S.R.No.22901 +1cc to the Government Pleader, S.R.No.22744 VD(CO) EU(29/04/2016) Writ Petition No.13268 of 2016