N. Mariappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.29018 of 2017 N.Mariappan ... Petitioner Vs.

1.The District Collector, Salem District Collectorate, Salem.

2.The Tahsildar, Salem.

3.The Commissioner, Salem City Municipal Corporation, Salem.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents herein to forthwith take action as per the representations submitted by the petitioner dated 03.08.2017 by preventing the use of the patta lands of the petitioner comprised in S.Nos.263/4A, Jahir Ammapalayam now TS.No.2, Block 62, Ward-A, Salem Town of an extent of 0.79 Hectares for burying the dead bodies and cremation over it.

For Petitioners: Mr.T.Dharani For Respondent : Mr.R.P.Murugan Raja, GA RR1 & 2 Mr.K.Bhuvaneswari R3

O R D E R

This Writ Petition has been filed seeking a direction to the respondents herein to take action as per the representations submitted by the petitioner dated 03.08.2017 by preventing the use of the patta lands of the petitioner comprised in S.Nos.263/4A, Jahir Ammapalayam now TS.No.2, Block 62, Ward-A, Salem Town of an extent of 0.79 Hectares for burying the dead bodies and cremation over it.

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2. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the representation dated 03.08.2017 and pass appropriate orders within the time frame as fixed by this Court.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents and the learned counsel for the 3rd respondent and perused the materials available on record.

4. Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court directs the respondents to consider the representation dated 03.08.2017 made by the petitioner and pass appropriate orders, after providing opportunity to the petitioner as well as the third respondent, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar rli To 1.The District Collector, Salem District Collectorate, Salem.

2.The Tahsildar, Salem.

3.The Commissioner, Salem City Municipal Corporation, Salem.

+1cc to M/s.Dharani, Advocate SR.No.36867 +1cc to the Government Pleader SR.No.37201 W.P.No.29018 of 2017 KV(CO) CB(08/07/2022) https://hcservices.ecourts.gov.in/hcservices/