Association Of Consumer And v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Association of Consumer and Environment Protection and Watch (ACEPW) Regn No.6/2005, Rep. by its General Secretary S.Jothi Venkatesan, 68/A1 Jayashankar Colony, Hosur Krishnagiri.
.. Petitioner Vs 1 The Director Rural Development and Panchayat Directorate Panagal Malligai, Saidapet Chennai-15.
2 The District Collector Krishnagiri District.
3 The Assistant Director (Panchayats) Krishnagiri.
4 The Executive Engineer Public Works Department Melpennaiyaru Basin Division Dharmapuri.
5 The Block Development Officer Block Development Office Thalli.
6 The President Thalli Panchayat Union Thalli, Krishnagiri.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachment in Onnammal Eri/Tank, water body at Survey No.115, Tharavendiram Revenue Village, B.B.Palayam Village, Denkanikotta, Krishnagiri District, pursuant to the proceedings of the 4th respondent in Letter No.694M/Ko51/ 2016/V2, dated 22.12.2016 and further to allot burial/cremation ground at Survey No.95, Tharavendiran Revenue Village, B.B.Palayam Village, Denkanikotta, Krishnagiri District. For the Petitioner : Ms.R.Poornima For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4 : Mr.N.Elumalai for 5th respondent : No appearance for 6th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.R.Poornima, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for
respondents 1 to 4; and Mr.N.Elumalai, learned counsel for the fifth respondent.
2. The petitioner seeks directions against the respondents to remove the encroachment in Onnammal Eri/Tank, water body at Survey No.115 and further to allot burial/cremation ground at Survey No.95.
3. Learned State Government Pleader, on instructions, submits that the encroachment in Survey No.115, i.e., water body, has been removed.
4. As far as the allotment of land for burial/cremation ground is concerned, learned State Government Pleader submits that procedure is prescribed under the Tamil Nadu Panchayats Act, 1994.
5. In the light of that, the petitioner may take recourse to the provisions of the Tamil Nadu Panchayats Act, 1994 by filing
necessary application. If such application is filed, the authorities shall consider the same on its own merits expeditiously. With these observations, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 28.06.2023 Index :
Yes/No Yes/No sasi To:
1 The Director Rural Development and Panchayat Directorate Panagal Malligai, Saidapet Chennai-15.
2 The District Collector Krishnagiri District.
3 The Assistant Director (Panchayats) Krishnagiri.
4 The Executive Engineer Public Works Department Melpennaiyaru Basin Division Dharmapuri.
5 The Block Development Officer Block Development Office Thalli.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 28.06.2023