Madras High CourtWP/19219/2023disposed of

Shakila Banu v. The District Collector

2023-06-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Shakila Banu . . . Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Revenue Divisional Office, Gudiyatham, Vellore District.

3. The Superintendent of Police, Sathuvachari, Vellore, Vellore District.

4. The Tahsildar, Taluk Office, Gudiyatham.

Vellore District.

5. The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

6. Murath Ali, 7.Mabook . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue an order of Writ of Mandamus or any appropriate writ, direction or order in the nature of the writ, directing the respondents 1 to 4 to consider the petitioner's representation dated 18.05.2023 and direct the respondents 2 & 4 to remove the body of the said Kalith Bai buried near by petitioner compound wall and to bury the body at Kowsiya Nagar grave yard. For Petitioner : M/s.E.Kannadasan For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 to R5.

ORDER

This Writ Petition has been filed for a direction to respondents 1 to 4 to consider the petitioner's representation dated 18.05.2023 and remove the dead body of Kalith bai from the petitioner's property.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the Respondents 1 to 4.

3. Since, no adverse order is being passed against respondents 6 & 7, notice to the respondents 6 & 7 is dispensed with.

4. It is the case of the petitioner that the respondent 6 & 7 have buried the body of one Kalith Bai, near the compound wall of the petitioner's property. Aggrieved by the same, the petitioner approached the 4th respondent seeking removal of the dead body near her compound wall. Since, there was no response from the 4th respondent, she gave a representation dated 18.05.2023 to respondent 1 to 4 seeking removal of the dead body of one Kalith Bai, which did not evoke any response till date. Hence, this Writ Petition has been filed.

5. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st Respondent to consider the representation dated 18.05.2023 made by the petitioner seeking to remove the dead body of Kalith bai from the petitioner's property and pass orders on merits within the time that may be stipulated by this Court.

6. Learned Additional Government Pleader appearing on behalf of respondents 1 to 5.

7. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 18.05.2023 seeking removal of the dead body of one Kalith Bai from the petitioner's property and pass appropriate orders in accordance with law within a period of six weeks from the date receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties, if any.

8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

28.06.2023 Index : Yes / No Internet : Yes / No NHS