K.A.Thyagarajan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.32971 of 2016 K.A.Thyagarajan .. Petitioner Vs.
1. The District Collector Salem District, Salem.
2. The Assistant Director of Panchayats No.208, 2nd Floor District Collector Office Salem - 638 001.
3. The Block Development Officer Panchayat Union Office Village Panchayat Salem Main Road Edappadi - 637 101.
4. The President Vellarivelli Village Panchayat Edappadi Taluk Salem District - 637 101.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to earmark and register the land comprised in Survey No.166/3 measuring an extent of 0.45.5 Hectares situated at Vellarivelli Village, Edappadi Taluk, Salem District as cremation ground in the Revenue records as the same land is used by the villagers as cremation ground for several decades based on the representation of this petitioner dated 19.8.2016 vide communication of the second respondent dated 23.8.2016 within time frame.
For Petitioner : Mr.S.Mohan For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 and 2 Mr.R.Vijayakumar Addl. Govt. Pleader for respondents 3 and 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) On perusal of the petition, the learned counsel for the petitioner is unable to show any records of the land to substantiate the plea that it is a cremation ground. The petitioner has made a representation dated 19.8.2016 to the Tahsildar/Block Development Officer/Third respondent.
2. We are of the view that the petitioner cannot claim any intrinsic right for the land to be treated as cremation ground and it is for the authorities concerned to consider the representation of the petitioner.
The petition is, accordingly, closed in the aforesaid terms. No costs. Consequently, W.M.P.No.28490 of 2016 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sasi
To:
1. The District Collector Salem District, Salem.
2. The Assistant Director of Panchayats No.208, 2nd Floor District Collector Office Salem - 638 001.
3. The Block Development Officer Panchayat Union Office Village Panchayat Salem Main Road Edappadi - 637 101.
4. The President Vellarivelli Village Panchayat Edappadi Taluk Salem District - 637 101.
+ 1 cc to Mr.S. Srinivasa Narayanan, Advocate SR.54390 W.P.No.32971 of 2016 PVS(CO) Eu 28.09.2016