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Madras High CourtWP(MD)/2819/2025disposed of

Santhosh S K Ram v. The District Collector

2025-04-02Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.2819 of 2025 and W.M.P.(MD)No.1970 of 2025 Santhosh S K Ram ... Petitioner -Vs1.The District Collector, District Collectorate, Kanyakumari at Nagercoil.

2.The Superintendent of Police, Kanyakumari District at Nagercoil.

3.The District Environmental Officer, Tamil Nadu Pollution Control Board, Nagercoil, Kanyakumari District.

4.The District Health Officer, District Health Department, Krishnankovil, Nagercoil, 5.The Revenue Divisional Officer / Sub Collector,

Padmanabhapuram, Thuckalai, 6.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

7.The Inspector of Police, Arumanai Police Station, 8.The Regional Health Inspector, Govt. Primary Health Centre, Edaicode & Post, Kanyakumari District.

9.The Panchayat President, Edaicode Town Panchayat, Edaicode, Kanyakumari District.

10.Rev.Father Edward Rayan 11.Stephen 12.Maria Swarna Lila Bai 13.C.R.Densingsten 14.S.Antonys Raj ... Respondents (R12 to R14 are impleaded vide Court order dated 02.04.2025 made in W.M.P. (MD)No.6145 of 2025) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 9 to consider the petitioner's representation dated 19.11.2024 and to restrain the respondents 10 and 11 from constructing any compartmental type graveyard (cemetery) in R.Sy.No.240/6 of Anducode "B" Village, Vilavancode Taluk, Kanyakumari District.

For Petitioner : Mr.M.R.Sreenivasan For R1, R4 to R6, : Mr.P.Thilak Kumar, R8 & R9 Government Pleader For R2 & R7 : Mr.A.Albert James, Government Advocate For R3 : Mrs.Madhuri Donti Reddy For R10 & R11 : Mr.S.Louis For R12 to R14 : Mr.M.Karuppasamy

ORDER

[Order of the Court was made by J.NISHA BANU, J.] It is the grievance of the petitioner that his representation dated 19.11.2024, to restrain the respondents 10 and 11 from constructing any compartmental type graveyard (cemetery) in R.Sy.No.240/6 of Anducode "B" Village, Vilavancode Taluk, Kanyakumari District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition. 2.The learned Government Pleader appearing for the respondents 1, 4 to 6, 8 and 9 would submit that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

3.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the 9th respondent to consider the representation of the petitioner dated 19.11.2024, after giving sufficient opportunity of hearing to the petitioner as well as the respondents 10 to 14 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 02.04.2025 (2/2) NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the respondents 10 to 14.

To 1.The District Collector, District Collectorate, Kanyakumari at Nagercoil.

2.The Superintendent of Police, Kanyakumari District at Nagercoil.

3.The District Health Officer, District Health Department, Krishnankovil, Nagercoil, 4.The Revenue Divisional Officer / Sub Collector, Padmanabhapuram, Thuckalai, 5.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

6.The Inspector of Police, Arumanai Police Station, 7.The Regional Health Inspector, Govt. Primary Health Centre, Edaicode & Post, Kanyakumari District.

8.The Panchayat President, Edaicode Town Panchayat, Edaicode, Kanyakumari District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.2819 of 2025 02.04.2025 (2/2)