Sekar v. The Commissioner Of Chennai Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.37928 of 2024 Sekar .. Petitioner Vs.

1.The Commissioner of Chennai Corporation, Chennai Corporation, 2.The Tahsildar, Sholinganallur Taluk, Sholinganallur, 3.The Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation dated 07.09.2024 and remove the seal in respect plot No 96, 97, 98, 99 in S. No 68/2 New No. 68/110.

For Petitioner .. Mr.J.Franklin For Respondents .. Mr.P.Prithvi Chopda Standing Counsel for R1 and R3 Mr.N.Naveen Kumar Government Advocate for R2

ORDER

This writ petition has been filed in the nature of a mandamus seeking a direction particularly against the 2nd and 3rd respondents and more specifically against the 3rd respondent, Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam at Chennai to consider the representation given by the petitioner on 07.09.2024 by which the representation, the petitioner had sought that the seal affixed by the 3rd respondent in Plot Nos.96, 97, 98, 99 in S. No 68/2 New S.No. 68/110 at Madipakkam in Sholinganallur Taluk be removed. 2.The said plots have been unauthorizedly used as a cremation ground. Objecting to the same, nearby residents had formed an Association and moved the Division Bench of this Court and by successive orders, the cremation ground had been directed to be sealed and closed. But however, the petitioner is the owner of the said land. He had therefore given a representation on 07.09.2024 seeking removal of the seal, so that he could put the land to some alternate use. It must be

put on record that the petitioner cannot permit usage of the said land for cremation purpose. But however, the 3rd respondent may examine the representation given by the petitioner and also take into consideration the views of the 2nd respondent, Tahsildar, Sholinganallur Taluk to determine the nature of the land in accordance with the revenue records and thereafter, take a decision on the representation given. Such exercise should be completed on or before 31.03.2025. Let the procedure as envisaged of giving opportunity and of being heard be followed. 3.This writ petition stands disposed of. No Costs. 02.01.2025 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Commissioner of Chennai Corporation, Chennai Corporation, Chennai.

2.The Tahsildar, Sholinganallur Taluk, Sholinganallur,

C.V.KARTHIKEYAN,J.

ssr 3.The Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam, W.P.No.37928 of 2024 02.01.2025