Madras High CourtWP/13233/2023disposed of

S.Selvakkumar v. The District Collector

2023-09-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Selvakkumar : Petitioner Vs 1.The District Collector Cuddalore District 2.The Revenue Divisional Officer Virdhachalam Revenue Division Virdhachalam-606 001.

3.The Tahsildar Virdhachalam Taluk Virdhachalam, Cuddalore-606 001.

4.The Block Development Officer Kammapuram Block Virdhachalam Cuddalore-606 003.

5.The President Kottumulai Village Panchayat, Kottumulai, Virdhachalam Taluk, Cuddalore-606 003.

6.Thangadurai : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondent Nos.1 to 4 to remove the encroachments made by the 6th respondent herein in the burial cum cremation ground in Survey No.99, Chinnkottumulai Village, Kammapuram Block, Virdhachalam Taluk, Virdhachalam Revenue Division, Cuddalore District, as stated in the 3rd respondent's communication vide Na.Ka.AA4-4147-2022 dated 02.11.2022, consequently, restore the water channel to its earlier position and give back its control to the 5th respondent as per the Grama Sabha resolution dated 02.10.2021.

For the Petitioner :

Mr.V.Ramana Reddy For Respondents 1 to 4 :

Mrs.R.Anitha, Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Ramana Reddy, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 4.

2. It is submitted that the subject land is a river poromboke and the same is used as a burial ground.

3. Mrs.R.Anitha, learned Special Government Pleader, submits that part of the said land is used for agricultural purposes. After the harvest, necessary steps would be taken to remove the encroachment

and further agricultural operations will not be permitted. So also, steps would be taken for not using the same as burial ground as no license has been granted for burial.

4. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 27.09.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Cuddalore District 2.The Revenue Divisional Officer Virdhachalam Revenue Division Virdhachalam-606 001.

3.The Tahsildar Virdhachalam Taluk Virdhachalam, Cuddalore-606 001.

4.The Block Development Officer Kammapuram Block Virdhachalam Cuddalore-606 003.

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

(tar) 27.09.2023