R.Rajan, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY R.Rajan .. Petitioner Vs 1.Union of India, rep. by its Secretary, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, 6th Floor Cabin, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.

2.The State of Tamil Nadu, rep. by its Additional Chief Secretary to State, Water Resources Department, 3.The Additional Chief Secretary to State, Revenue Administration and Disaster Management Department,

4.The District Collector, District Collectorate Office, Chengalpattu District.

5.The Tahsildar, Madurantakam Taluk, Chengalpattu District.

6.Budur Village Panchayat, rep. by its President, Budur, Madurantakam Taluk, Chengalpattu District.

7.Suresh, President, Budur, Madurantakam Taluk, Chengalpattu District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent authorities to remove the unauthorised and illegal construction of the new Graveyard on the river Palar river bund in Survey No.495, Budur Village, Madurantakam Taluk, Chengalpattu District at the earliest and restore the same place to its original condition in view of the petitioner's representation dated 10.5.2024.

For Petitioner : Ms.Karthikaa Ashok For Respondents : Mr.R.Venkataswamy Babu Sr. Panel Counsel for respondent No.1

: Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.2 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition is filed on the basis that there is construction of a new graveyard in a waterbody.

2. From the report filed by respondent authorities and photographs annexed by petitioner himself, it appears that it is more of a crematorium where bodies are burnt and not a graveyard where bodies are buried. It is also stated that this crematorium has been functioning for over 30 years in the same place and what got damaged has only been repaired. Petitioner has purchased some land nearby recently, Ms.Ashok corrects to say in 2018. Therefore, petitioner should have been aware about the existence

of the crematorium. We see no public interest in this matter.

3. Petition is dismissed. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 21.11.2024 Index :

Yes/No NC :

Yes/No bbr To:

1.The Secretary, Union of India, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, 6th Floor Cabin, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.

2.The Additional Chief Secretary to State, State of Tamil Nadu, Water Resources Department,

3.The Additional Chief Secretary to State, Revenue Administration and Disaster Management Department, 4.The District Collector, District Collectorate Office, Chengalpattu District.

5.The Tahsildar, Madurantakam Taluk, Chengalpattu District.

6.The President, Budur Village Panchayat, Budur, Madurantakam Taluk, Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

bbr 21.11.2024