Madras High CourtWP/38359/2024disposed of

C.Srinivasan v. The Government Of Tamilnadu

2024-12-19Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.38359 of 2024 C.Srinivasan .. Petitioner Vs.

1. The Government of Tamilnadu Rep By Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-600 009.

2. The Government of Tamilnadu Rep by Secretary to Government, Revenue Department , Fort St.George, Chennai-600 009

3. The District Collector Erode District

4. The District Revenue Officer Erode.

5. The Revenue Divisional Officer Erode District

6. The Thasildar Anthiyur, Erode District

7. The Assistant Director Of Panchayat, Erode Collector Office Campus, Erode District

8. The Block Development Officer Michaepalayam Village, Anthiyur-638 501

9. The President /administrative Officer Micheapalayam Panchayat, Anthiyur, Erode District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 9th respondents herein to consider the representation of the petitioner dated 13.11.2024 and classify the poromboke lands in Re survey No.906 /2 of Anthiyur 'A' Village, Erode District and register the same as place of burial ground in accordance with the Resolution dated 29.10.2024 in Resolution No.63 / 2024 passed by the 9th respondent Michaelpalayam Panchayat Union, Anthiyur Taluk, Erode District, within the time frame fixed by this Court. For Petitioner .. Mr.S.Shanmuga Sundaram for S.Senthilnathan For R1 to R7 .. Mr.V.Nanmaran, Additional Government Pleader For R8 & R9 .. Mr.A.Selvendran, Additional Government Pleader.

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to consider the representation given by the petitioner which was dated 13.11.2024.

2.In the said representation the petitioner sought clarification of the lands which according to the petitioner are Government poromboke lands in R.S.No.906/2, Anthiyur 'A' Village, Erode District, but is used as burial ground. It is stated that the 9th respondent, the President / Administrative Officer, Michaepalayam Panchayat, Anthiyur, Erode District had passed a resolution on 29.10.2024 to classify the aforementioned land as burial ground. This writ petition has been filed to put into effect such resolution and seeking a direction, particularly against the 3rd respondent, to take into consideration such resolution.

3.There had been two earlier writ petitions relating to the very same lands namely, W.P.No.4940 of 2021 and W.P.No.22951 of 2023. The contention in those two writ petitions was that the said land is not Government poromboke land and tank bund and therefore, should not be permitted to be used as burial ground. Those two writ petitions have been

disposed by this Court.

4.In this case, while examining the representation, the 3rd respondent / District Collector, Erode District may get a report from the Tahsildar, Anthiyur Taluk relating to the nature of the land in R.S.No.906/2, Anthiyur 'A' Village, Erode District and have a detailed discussion not only with the petitioner herein, but also with the petitioners in W.P.No.4940 of 2021 and W.P.No.22951 of 2023 and thereafter, take a considered decision and pass appropriate orders. It is required that all parties must be heard. That process may be completed within a period three months from the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition stands disposed of. No costs.

19.12.2024 Index:Yes/No Internet:Yes/No smv To

1. The Secretary Rural Development and Panchayat Raj Department

Government of Tamilnadu Fort St.George, Chennai-600 009.

2. The Secretary, Revenue Department, Fort St.George, Chennai-600 009