Chellapillai v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Chellapillai, rep. by the Villagers of Ervadi, Kuttapatti Village,Mettur Taluk, Salem District.

.. Petitioner Vs 1.The Sub Collector, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

3.Kala 4.Nithya 5.Indumathi 6.Sridevi .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondent Nos.1 and 2 to reclassify the land comprised in Survey No.598/3 of Kuttapatti Village,

Mettur Taluk, Salem District as burial ground and subsequently remove the encroachment of house and goat sheds put forth by respondent Nos.3 to 6 pursuant to the petitioner's representation dated 26.6.2024. For Petitioner : Mr.J.Ganesh for Mr.C.Deepakkumar For Respondents : Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The relief, as prayed for, cannot be granted as a mandamus of this court. It is for the department to decide on the re-classification of the land. Therefore, petition is dismissed. At the same time, petitioner's representation dated 26th June, 2024 be considered and disposed of in accordance with law. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 28.11.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The Sub Collector, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

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

bbr 28.11.2024