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Madras High CourtSUB APPL/348/2024ordered

Athivanam Residents Welfare Association Auroville v. P.Senthil Kumar,Ias And 10 Others

2025-02-21Honourable Dr Justice Anita Sumanth5 pages

SUB APPL NO. 348 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-02-2025

CORAM

THE HONOURABLE DR JUSTICE ANITA SUMANTH SUB APPL NO. 348 of 2024 AND WP NO. 26267 OF 2023,CONT P SR NO. 43583 OF 2024 Athivanam Residents Welfare Association Auroville Auroville,Rep By Its Secretary S.Jepa Singh, No.61,Pipdic Layout,Auroville,Vanur Taluk, Villupuram- 605 101. Applicant(s) Vs P.Senthil Kumar,ias And 10 Others Principal Secretary Rural Development And Panchayat Raj Department, Fort St.George, Chennai- 600 009. and 10 Others Respondent(s) Athivanam Residents Welfare Association Auroville,Rep By Its Secretary S.Jepa Singh, No.61,Pipdic Layout,Auroville,Vanur Taluk, Villupuram- 605 101. Petitioner(s) Vs The State Of Tamil Nadu Rep By Its Principal Secretary Rural Development And Panchayat Raj Department, Fort St.George, Chennai- 600 009. and 5 Others Contemnor(s) Athivanam Residents Welfare Association Auroville Petitioner(s) Vs The State of Tamilnadu Contemnor(s) SUB APPL NO. 348 of 2024

For Applicant(s):

M/s.K.Newlin Frederick For Respondent(s):

Mr.J.Ravindran Aag Assisted By P Aravind Kumar Ga For Respondents 1 To 7 In Contempt And Respondents 1 To 5 In Writ For Petitioner(s):

K.NEWLIN FREDERICK For Contemnor(s):

MR.J.RAVINDRAN AAG ASSISTED BY P ARAVIND KUMAR GA FOR RESPONDENTS 1 TO 7 IN CONTEMPT AND RESPONDENTS 1 TO 5 IN WRIT For Petitioner(s):

K.NEWLIN FREDERICK For Contemnor(s):

MR.J.RAVINDRAN AAG ASSISTED BY P ARAVIND KUMAR GA FOR RESPONDENTS 1 TO 7 IN CONTEMPT AND RESPONDENTS 1 TO 5 IN WRIT

ORDER

Read this order in continuation of and in conjunction with order dated 14.09.2023. 2.In Paragraph 7 of that order, the BDO/third respondent was asked to file a report after measurement of the property in R.S.No.139/3A, 139/3B and 139/3C indicating the minimum distance that separates the proposed site for construction of crematorium from the nearest dwelling house and drinking water facility. No such report has been placed on file, though Mr.Anandakumar, learned Government Advocate, states that the measurement has been taken and all that remains is to file a report.

3.The order is dated 14.09.2023 and, Mr.Anandakumar submits on instructions, that

an inspection has been completed on 13.04.2022 by the District Collector. It is hence clear that there has been no compliance with the direction under paragraph 7 of order dated 14.09.2023. Hence, and in order to ensure no further delay in the matter, and since the petitioner association is presently enjoying an order of status quo, let inspection be conducted on 08.03.2025 at 11.00 a.m in the presence of both learned counsel.

4.Let a Report be prepared within a week thereafter and served on the petitioner association prior to 15.03.2025.

5.Objections to the Report, if any, be filed prior to 21.03.2025 with an advance copy served upon the other side. Relevant cases, if any, that the parties rely on be circulated including Ramesh Baghel v. State of Chhattisgarh and others (2025 INSC

109) prior to next date of hearing.

6.List on 21.03.2025.

7.Sub.Appl.No.348 of 2024 is ordered. Let the contempt petition be numbered and list it for hearing on 21.03.2025, if it is otherwise in order. 21-02-2025 vs SUB APPL NO. 348 of 2024

To

1. P.Senthil Kumar,ias And 10 Others Principal Secretary Rural Development And Panchayat Raj Department, Fort St.George, Chennai- 600 009.

2. C.Palani,ias The District Collector, Villupuram District, Master Plan Complex, Collectorate, Villupuram- 605 602.

3. B.Natarajan The Block Development Officer, Vanur Koot Road, Acharampattu, Villupuram- 605 111.

4. J.Narayanamoorthy The Tahsildar- Vanur Taluk Taluk Office, Vanur, Villupuram- 605 109.

5. Senthil Murugan The Village Administrative Officer, Pattanur Village Vao Office, Pattanur, Villupuram- 605 111.

6. R.Vengatesan President, Thiruchiitrambalam Village Panchayat Rep By Its President, Tindivanam Main Road And T C Koot Road, Vanur, Villupuram- 605 111.

7. KRISHNAMOORTHY The Inspector Of Police, Auroville Police Station, Tindivanm Main Rd, Thiruchitrambalam - 605 111

8. RANI W/o.Late Mr.Karunmoorthi, No.223 Sriram Nagar, Pattanur, Villupuram - 605 111.

9. SENTHIL S/o.Late Mr.Karunamoorthi, No.223, Sriram Nagar, Pattanur, Villupuram - 605 111

10. VELU S/o.Late Mr.Karunamoorthi, No.223, Sriram Nagar, Pattanur, Villupuram - 605 111

11. JAYAKUMARI D/o.Late Mr.Karunamoorthi,

No.223 Sriram Nagar, Pattanur, Villupuram - 605 111.

1. The State Of Tamil Nadu Rep By Its Principal Secretary Rural Development And Panchayat Raj Department, Fort St.George, Chennai- 600 009.

2. The District Collector, Villupuram District, Master Plan Complex, Collectorate, Villupuram- 605 602.

3. The Block Development Officer,vanur Koot Road, Acharampattu, Villupuram- 605 111.

4. The Tahsildar- Vanur Taluk Taluk Office, Vanur, Villupuram- 605 109.

5. The Village Administrative Officer, Pattanur Village Vao Office, Pattanur, Villupuram- 605 111.

6. Thiruchiitrambalam Village Panchayat Rep By Its President, Tindivanam Main Road And T C Koot Road, Vanur, Villupuram- 605 111.

1. The State of Tamilnadu