Naveenkumar .T v. The Commissioner

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.8625 of 2024 T.Naveenkumar ... Petitioner -Vs1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai.

2.The District Collector, Trichy District.

3.The Tahsildar, Thottiyam Taluk Office, 4.The Block Development Officer, 5.The President, Pidaramangalam Village Panchayat, Thottiyam Taluk, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take necessary steps by

initiating land acquisition proceedings and to lay the road for reaching the burial ground through in Survey No.15/1 situated at Pidaramangalam Revenue Village, Thottiyam Taluk, Trichy District enabling the petitioner's village to use the same at the time of performing last right of dead persons in the village. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by S.SRIMATHY, J.] The petitioner seeks a direction to the 2nd respondent to take necessary steps by initiating land acquisition proceedings and to lay the road for reaching the burial ground through Survey No.15/1 situated at Pidaramangalam Revenue Village, Thottiyam Taluk, Trichy District, enabling the petitioner's village to use the same at the time of performing last right for the dead persons in the village. 2.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents would submit that already there is a pathway to the burial ground. In respect of the very same issue, one Rengasamy has filed a Writ Petition in W.P.(MD)No.17926 of 2023 not to lay road

in S.No.15/1 situated at Thevarmalai Village, Thottiyam Taluk, Trichy District, wherein the Writ Court, vide order dated 09.10.2023, recorded that the land belongs to the temple and further, there is no proposal to lay road in the temple land.

3.In view of the said submission, we are of the view that since there is already a pathway to the burial ground, new pathway through the temple land is not necessary. Therefore, this Writ Petition is dismissed. No costs. [J.N.B., J.] & [S.S.Y., J.] 02.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam, Chennai.

2.The District Collector, Trichy District.

3.The Tahsildar, Thottiyam Taluk Office,

4.The Block Development Officer, 5.The President, Pidaramangalam Village Panchayat, Thottiyam Taluk, Trichy District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.8625 of 2024 02.04.2025