Sridhar.S.K v. The District Collector

1 W.P.(MD)NO.2970 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.2970 of 2024 Dr.S.K.Sridhar ... Petitioner Vs.

1. The District Collector, Collector Office, Tirunelveli.

2. The Revenue Divisional Officer, R.D.O.Office, Tirunelveli.

3. The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli.

4. The Block Development Officer, Block Development Office, Palayamkottai, Tirunelveli.

5. The Panchayat President, Panchayat Office, Pudhukulam, Palayamkottai Taluk, Tirunelveli.

6. The Village Administrative Officer, Village Administrative Office, Pudhukulam Village, Palayamkottai Taluk, Tirunelveli.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 4 to 6 to 1/4

2 W.P.(MD)NO.2970 OF 2024 remove the illegally constructed Crematorium at Government Poramboke Odai at Survey No.810/1, Pudhukulam Village by complying the proceedings of 3rd respondent in Na.Ka.No.A6/2825/2023 dated 24.11.2023.

For Petitioner : Mr.A.Sivasubramanian For R-1 to R-3 & R-6 : Mr.V.Nirmal Kumar, Government Advocate.

For R-4 & R-5 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

When the matter was taken up for hearing, the learned Special Government Pleader on instructions submitted that the proposal to construct Crematorium in the petition-mentioned Odai has since been dropped.

2. This submission is placed on record. Therefore, nothing survives for further consideration. This writ petition stands closed.

3. The Hon'ble Full Bench had already held in the decision reported in 2023 (4) CTC 481 (Jagadheeswari V. B.Babu Naidu) that the dead body should be buried only in a notified burial ground and not in any other places. The learned counsel for the petitioner alleged that in 2/4

3 W.P.(MD)NO.2970 OF 2024 the petition-mentioned water body, bodies are buried. Such burial shall not be permitted by the respondents. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 20th February 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Collector Office, Tirunelveli.

2. The Revenue Divisional Officer, R.D.O.Office, Tirunelveli.

3. The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli.

4. The Block Development Officer, Block Development Office, Palayamkottai, Tirunelveli.

5. The Panchayat President, Panchayat Office, Pudhukulam, Palayamkottai Taluk, Tirunelveli.

6. The Village Administrative Officer, Village Administrative Office, Pudhukulam Village, Palayamkottai Taluk, Tirunelveli.

3/4

4 W.P.(MD)NO.2970 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.2970 of 2024 20.02.2024 4/4

5 W.P.(MD)NO.2970 OF 2024 5/4