Mahesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.Nos.34134 & 38368 of 2024 Mahesh .. Petitioner in W.P.No.34134 of 2024 S.Varadharaj .. Petitioner in W.P.No.38368 of 2024 Vs.
1.The District Collector, District Collector Office, Erode.
2.The Thasildhar, 3.The Assistant Engineer, 4.The Block Development Officer, .. Respondents in W.P.No.34134 of 2024 1.The District Collector, District Collector Office, Erode.
2.The Superintendent of Police, Erode District.
3.The Revenue Divisional Officer, Gobichettipalayam.
4.The Thasildhar, 5.The Assistant Engineer, 6.The Block Development Officer, 7.The Inspector of Police, Anthiyur Police Station, .. Respondents in W.P.No.38368 of 2024 Prayer in W.P.No.34134 of 2024: 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 restrain anyone from burying or burning the dead bodies on the bund of the Water Channel existing at RS.NO. 1013 and 1014 of Anthiyur A revenue Village, Anthiyur Taluk, Erode District by considering the representation of the Petitioner herein dated 24.04.2023 and 24.07.2023.
Prayer in W.P.No.38368 of 2024: 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 restrain anyone from burying or
burning the dead bodies on the bund of the Water Channel existing at RS.NO. 1013 and 1014 of Anthiyur A revenue Village, Anthiyur Taluk, Erode District and further directing them to exhume the dead body of one Gurusamy which was illegally buried on 08.12.2024 by considering the representation of the petitioner herein dated 10.12.2024. For Petitioner .. Mr.R.Nalliyappan, in both WPs For Respondents .. Mr.T.Chandrasekaran, Special Government Pleader in both WPs COMMON ORDER W.P.No.34134 of 2024 has been filed by Mahesh S/o. M.Sengottaiyan and W.P.No.34143 of 2024 has been filed by Varadharaj S/o.Sengottaiyan. As a matter of fact, Mahesh had earlier filed W.P.No.22951 of 2023 which came up before a Division Bench of this Court and by an order dated 10.06.2024 necessary directions have been issued.
2.All the three writ petitions namely, W.P.No.38368 of 2024 and W.P.No. 34134 of 2024 which have been filed before this Court and W.P.No.22951 of 2023 which had been filed before the Division Bench
have a similar prayer namely, not to allow anyone to bury or burn the dead body at the bund of the water channel existing at R.S.Nos.1013 and 1014 of Anthiyur A Revenue Village, Anthiyur Taluk, Erode District. In W.P.No.38368 of 2024 an additional prayer had been sought to exhume the dead body of one Gurusamy, who according to the petitioner was unlawfully buried on 08.12.2024.
3.The petitioner had given a representation on 10.12.2024. But in effect, the same relief had been examined by the Division Bench in W.P.No.22951 of 2023 and necessary directions had been granted. These two Writ Petitions are therefore superfluous and no orders can be passed. If the petitioners are aggrieved by the respondents in not following the directions of the Division Bench, then necessary steps in accordance with law can be taken but filing multiplicity of writ petitions is not the answer. Accordingly, these two Writ Petitions are dismissed. No costs. 16.12.2024 Index:Yes/No Internet:Yes/No smv
To 1.The District Collector, District Collector Office, Erode.
2.The Superintendent of Police, Erode District.
3.The Revenue Divisional Officer, Gobichettipalayam.
4.The Thasildhar, 5.The Assistant Engineer, 6.The Block Development Officer, 7.The Inspector of Police, Anthiyur Police Station,
C.V.KARTHIKEYAN,J.
smv W.P.No.34134 & 38368 of 2024 16.12.2024