Madras High CourtWP/30996/2024disposed of with direction

Karuppusamy v. The District Collector

2024-10-24Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.30996 of 2024 Karuppusamy ... Petitioner Vs.

1. The District Collector, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Anthiyur, Erode District.

4. The Assistant Engineer, Public Works Department, Water Resources Management, Backside to Sub-Registrar office, Anthiyur, Erode District.

5. The President, Michelpalayam Panchayat, Michelpalayam, Anthiyur Taluk, Erode District.

6. The Inspector of Police, Anthiyur Police Station, Erode District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to take appropriate action by not allowing anyone to bury or burn the dead bodies at the property comprised in S.No. 906/2 at Anthiyur A Revenue Village, Anthiyur Taluk, Erode District or any other non-designated area of the said village and consequently, direct the respondents to exhume the dead body of the deceased periyakutti which was buried on 26.09.2024 at Anthiyur A Revenue Village, Anthiyur Taluk, Erode District and bury the same at the designated burial ground by considering the representation of the petitioner herein dated 26.09.2024 and 30.09.2024.

For Petitioner :

Mr.R.Nalliyappan For Respondents :

Mr.U.Bharanidharan, AGP Mr.LSM. Hasan Fizal, AGP R4 Mr.L.Baskaran, GA (Crl side) R6

O R D E R

The Writ Petition has been filed seeking a direction to the respondents to take appropriate action by not allowing anyone to bury or burn the dead bodies at the property comprised in S.No. 906/2 at Anthiyur A Revenue Village, Anthiyur Taluk, Erode District or any other non-designated area of the said village and consequently, direct the respondents to exhume the dead body of the deceased periyakutti which was buried on 26.09.2024 at Anthiyur A Revenue Village, Anthiyur Taluk, Erode District and bury the same at the designated burial ground by considering the representation of the petitioner herein dated 26.09.2024 and 30.09.2024.

2. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 26.09.2024 and 30.09.2024 and pass orders within the stipulated time as fixed by this Court.

3. The learned Additional Government Pleader appearing for the respondents submitted that the representation will be considered by the third respondent and appropriate orders will be passed within the time frame as fixed by this Court.

4. Heard the learned counsel for the petitioner and the learned Government Counsel appearing for the respondents and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the 3rd respondent to consider and pass orders on the petitioner's representations dated 26.09.2024 and 30.09.2024 within a period of six weeks from the date of receipt of a copy of this order.

M.DHANDAPANI,J rli

6. With the above direction, the writ petition is disposed of. No costs. 24.09.2024 rli To