R.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Venkatesan ..

Petitioner Vs.

1. The District Collector Thiruvallur.

2. The Revenue Divisional Officer Thriuvallur.

3. The Tahsildar Ponamallee.

4. The President Kanna Palayam Panchayat Ponamallee Taluk.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents not to construct the building for the funeral rites in the said Grama Natham area of the said Mettupalayam Village, falling within the Kannapalayam Village Panchayat, Thiruvallur District.

For the Petitioner : Mr.A.Syed Kaleesha For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Syed Kaleesha, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader appearing for the respondents 1 to 3.

2. Learned counsel for the petitioner submits that the writ land is sought to be used for performing funeral rites. The said land is in a grama natham area. There is enough space available in the village for performing the funeral rites. However, adjoining the houses, the residents are constructing a building for performing funeral rites.

3. The adjoining residents have not filed any complaint. Moreover, funeral or burial would not take place in the said site. Building is constructed only for the purpose of performing funeral rites.

4. The land is a Government Land. It is for the Authorities to consider the best suitable land. The aggrieved parties may approach the authorities by filing a representation, which would be considered by the Authorities on its own merits.

5. In view of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.30348 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Thiruvallur.

2. The Revenue Divisional Officer Thriuvallur.

3. The Tahsildar Ponamallee.

THE HON'BLE CHIEF JUSTICE AND

D.BHARATHA CHAKRAVARTHY, J.

(drm) 20.10.2023