J.Maragatham, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HONOURABLE Mr.JUSTICE S.S.SUNDAR J.Maragatham ... Petitioner Vs 1.The District Collector (Collectorate Campus) Kancheepuram - 631 501.

2.The Block Development Officer Thiruporur Union, Kancheepuram.

3.The Assistant Director (Panchayats) (Collectorate Campus) Kancheepuram - 631 501.

4.The Special Tahsildar Adi Dravidar Welfare Kancheepuram District.

5.The President Kelambakkam Panchayat Kancheepuram - 603 103.

6.Kanniappan Ex-President, Kelambakkam Panchayat Kelambakkam Kancheepuram - 603 103.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider representation dated 08.08.2016 seeking to construct a compound wall circumventing the burial ground and burning platform comprised in S.No.187/84 (187/1A, 4A) of Kelambakkam Village. For Petitioner :

Mr.K.Ravindran (No appearance) For Respondents :

Mr.P.Gurunathan Additional Government Pleader

O R D E R

This writ petition is filed for issuance of Writ of Mandamus to direct the first respondent, the District Collector, Kancheepuram to consider the representation of the petitioner dated 08.08.2016.

2. The petitioner belonged to Scheduled Caste community and he is the resident of Kelambakkam Panchayat. The petitioner would submit that a certain extent of land in S.No.187/1A to 11 Kelambakkam Village has been assigned for the welfare of the Adi Dravidars and the said land has been used 2/6

as burial ground exclusively for Adi Dravidar community. The petitioner has submitted his representation dated 08.08.2016 to the District Collector, Kancheepuram for construction of a compound wall around the burial ground and burning platform. However, attempts have been made by the construction companies to remove the burial ground. Hence, this writ petition.

3. In the counter affidavit filed by the second respondent, it is stated that based on the representation given by the residents of Kelambakkam, the respondents have inspected the burial ground and found that a compound wall is already in existence on the northern and western sides of the burial ground. It is further represented that as to the construction of the remaining walls on the other two sides, the same will be done after getting due permission from the District Collector.

4. Taking into account the steps taken by the respondents as has been stated in the counter affidavit, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner and do 3/6

the needful if possible subject to other priorities within a period of six months from the date of receipt of a copy of this order and the second respondent is directed to communicate the action taken or proposed to the petitioner and this Court is hopeful of positive action in terms of the stand taken by the respondents in the counter affidavit. No costs. 04.11.2022 Index : Yes / No Speaking order / Non-speaking order ds 4/6

To:

1.The District Collector (Collectorate Campus) Kancheepuram - 631 501.

2.The Block Development Officer Thiruporur Union, Kancheepuram.

3.The Assistant Director (Panchayats) (Collectorate Campus) Kancheepuram - 631 501.

4.The Special Tahsildar Adi Dravidar Welfare Kancheepuram District.

5.The President Kelambakkam Panchayat Kancheepuram - 603 103.

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S.S.SUNDAR. J., ds 04.11.2022 6/6