Madras High CourtWP(MD)/18180/2015disposed of

S. Vanaja v. The State Of Tamilnadu

2015-10-13Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.18180 of 2015 S.Vanaja ... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Secretary, Department of Rural Development and Panchayat Raj, St., George Fort, Chennai 600 009.

2. The Director, Rural Development and Panchayat Raj Secretariat, Chennai.

3. The District Collector, Tirunelveli District.

4. The Rural Development Officer, Rural Development Office, Tahsildar Office, Alangulam

5. The Tahsildar, Tahsildar Office, Alangulam.

6. The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

7. The President, Pudhupatti Panchayat, Alangulam Taluk, Tirunelveli District.

...

Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents herein to implement the resolutions passed in the peace committee meeting held on 09.08.2014 pertaining to stoppage of burying the corpse at survey no.759 Pudhupatti village Bit-II Tirunelveli District and further direct the respondents to take earnest steps to stop a Sector of people in the village from burying the corpse in the stream running in the survey No.759 and its adjacent survey numbers of Pudhupatti Village Bit II Tirunelveli District in consonance with Rule 7 of the Tamil Nadu Village Panchayats (provision of Burial and burning grounds) Rules 1999.

For Petitioner : Mr.K.R.Laxman For Respondents 1-6 : Mr.A.K.Baskarapandian, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) According to the petitioner, even though a resolution was passed in the peace committee meeting stating that the land in Survey No.759 should not be used as a burial ground, the said land has been used burial ground which is causing health hazardous to the adjacent land owners.

2.Therefore, the petitioner has made representation dated 03.08.2015 to the respondents. Since no order has been passed, the present writ petition has been filed.

3.Considering the limited prayer sought for in the writ petition and without expressing any opinion on the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 03.08.2015 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar

1. The Secretary,, State of Tamil Nadu, Department of Rural Development and Panchayat Raj, St., George Fort, Chennai 600 009.