Consumer Protection Centre v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and W.P.No.30315 of 2022 and W.M.P. No.29760 of 2022 W.P.No.6815 of 2023:- Consumer Protection Centre No.121-B, VRG Complex Gobichettipalayam - 638 452 Erode District Rep. by its President Mr.S.Radhakrishnan .. Petitioner -vs1. The Collector Office of the District Collectorate

2. The Divisional Engineer Tamil Nadu Road Sector Project-II District Collectorate Tirupur.

3. The Project Director Tamil Nadu Road Sector Project-II Greenways Road Chennai-600034.

4.The District Revenue Officer Gobichettipalayam

5. Almadharasathur Rahmania Masjid Sunnarth Vazamath Karattadipalayam Gobichettipalayam Taluk .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action by removing the encroachment in Karattadipalayam Survey No.74 (Lakampattu Village) and to widen the road.

For the Petitioner :

Mr.V.Karthikeyan For the Respondents :

Mr.P.Muthukumar State Government Pleader (For R1 to R4) Mr.M.Nandakumar (For R5) W.P.No.30315 of 2022:- V.M.Palanisamy .. Petitioner -vs1. The District Collector O/o. the District Collector Erode.

2. The Divisional Engineer

O/o. The Divisional Engineer Highways Department Gobichettipalayam.

3. The Assistant Divisional Engineer O/o. The Divisional Engineer Highways Department Gobichettipalayam.

4. The Junior Engineer O/o. The Junior Engineer Highways Department Erode.

5. The Revenue Divisional Officer O/o. The Revenue Divisional Officer Gobichettipalayam, Erode.

6. The Revenue Officer(Land Acquisition) O/o. The Revenue Officer(Land Acquisition) Tamil Nadu Road Development Scheme Selam.

7. The Divisional Engineer Tamil Nadu Road Development Scheme-II No.416, The Office of the District Collector Tiruppur.

8. A1-Madrasathul Rahmaniya Mosque Represented by K.J.Syed Moulana Karattadipalayam Gobichettipalayam Taluk .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to remove the encroachment measuring about 25 cents made by eight respondent and their men in S.No.74, Karattadipalayam Village,

Gobichettipalayam Taluk, in the highways land based on petitioner representation dated 04.05.2022.

For the Petitioner :

Mr.Naveen Kumar Murthi For V.P.K.Gowtham For the Respondents :

Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha, SGP (For R1 to R7) Mr.M.Nandakumar (For R8) COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.V.Karthikeyan learned counsel for the petitioner in W.P.No.6815 of 2023 and Mr.Naveen Kumar Murthi, learned counsel for the petitioner in W.P.No.30315 of 2022; Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4 in W.P.No.6815 of 2023 and for respondents 1 to 7 in W.P.No.30315 of 2022; and Mr.M.Nandakumar, learned counsel for respondent no.5 in W.P.No.6815 of 2023 and respondent no.8 in W.P.No.30315 of 2022.

2. The question is about the burial ground.

3. According to the petitioners, the subject writ land is used as burial ground by the fifth respondent in W.P.No.6815 of 2023 (eighth respondent in W.P.No.30315 of 2022) without any license or permission.

4. According to learned counsel for the fifth respondent in W.P.No.6815 of 2023 (eighth respondent in W.P.No.30315 of 2022), the burial ground is in existence since time immemorial. The compensation is received in respect of the compound wall by the Mosque and Mosque has also agreed to give 3 meters width of the land for extension of the highway. It is further submitted that the alternate land suggested is not suitable for usage as a burial ground.

5. In the present writ petitions, we are not going to decide the aforesaid issue. It is for the Government to take action in accordance with law with regard to the land in question. The Government may follow the procedure contemplated law and take further action with regard to the property, including the burial ground or otherwise.

6. Accordingly, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 13.09.2023 Index : yes/no : Yes/No Maya To:

1. The Collector Office of the District Collectorate

2. The Divisional Engineer Tamil Nadu Road Sector Project-II District Collectorate, Tirupur.

3. The Project Director Tamil Nadu Road Sector Project-II Greenways Road, Chennai-600034.

4.The District Revenue Officer Gobichettipalayam, Erode District.

5. The Divisional Engineer O/o. The Divisional Engineer Highways Department Gobichettipalayam.

6. The Assistant Divisional Engineer O/o. The Divisional Engineer Highways Department Gobichettipalayam.

7. The Junior Engineer O/o. The Junior Engineer Highways Department Erode.

8. The Revenue Divisional Officer O/o. The Revenue Divisional Officer Gobichettipalayam, Erode.

9. The Revenue Officer(Land Acquisition) O/o. The Revenue Officer(Land Acquisition) Tamil Nadu Road Development Scheme Selam.

10.The Divisional Engineer Tamil Nadu Road Development Scheme-II No.416, The Office of the District Collector Tiruppur.

11. A1-Madrasathul Rahmaniya Mosque Represented by K.J.Syed Moulana Karattadipalayam Gobichettipalayam Taluk

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

(Maya) 13.09.2023