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Madras High CourtWP/10943/2023disposed of

Nagabhusanam v. The District Collector

2023-04-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Nagabhusanam ... Petitioner Vs.

1. The District Collector, Krishnagiri - 635 115.

2. The District Revenue Officer, Krishnagiri - 635 115.

3. The Sub Collector, Hosur - 635 109.

4. The Tahsildar, Shoolagiri - 635 117.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to issue necessary prohibitory order prohibiting any cremation or burial of bodies in petitioner's patta land comprised in S.No.94/8A2, 94/9B, situated at A.Chettipalli Village, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 21.03.2023.

For Petitioner :

Mr.M.Mohamed Riyaz For Respondent :

Mr.K.M.D.Muhilan Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents to issue necessary prohibitory order prohibiting any cremation or burial of bodies in petitioner's patta land comprised in S.No.94/8A2, 94/9B, situated at A.Chettipalli Village, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 21.03.2023.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the land comprised in S.No.94/8A2, 94/9B, measuring to an extent of 2.42 Acres, situated at A.Chettipalli Village, Shoolagiri Taluk, Krishnagiri District. However, some third parties wantonly burying the dead bodies over his land. Therefore, the petitioner has made a representation on 21.03.2023 to the respondents. But, the same has not been considered till date. Hence, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would further submit that though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issues a direction to the first respondent to consider the petitioner's representation dated 21.03.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation dated 21.03.2023 and pass appropriate orders, on merits and in accordance with

law, within a period of eight weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner as well as necessary parties, if any.

7. With the above directions, this Writ Petition is disposed of. No costs.

11.04.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Krishnagiri - 635 115.

2. The District Revenue Officer, Krishnagiri - 635 115.

3. The Sub Collector, Hosur - 635 109.

4. The Tahsildar, Shoolagiri - 635 117.

M.DHANDAPANI,J.

vji 11.04.2023