Kannan.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.P.(MD).No.10044 of 2021 R.Kannan
...Petitioner
Vs.
1.The District Collector Thanjavur District, Thanjavur.
2.The Executive Officer, Thirunageswaram Town Panchayat, Thirunageswaram, Kumbakonam Taluk, Thanjavur District.
3.The Executive Officer, Tharasuram Town Panchayat, Tharasuram, Kumbakonam Taluk, Thanjavur District.
4.The Executive Officer, Cholapuram Town Panchayat, Cholapuram, Kumbakonam Taluk, Thanjavur District.
....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the respondents to install the Electric Crematoriums at Thirunageswaram, Tharasuram and Cholapuram Town Panchayats, Kumbakonam Taluk, Thanjavur District, based on the petitioner's representation dated 21.05.2021.
For Petitioner : Mr.T.Sathiyanathan For Respondents : Mr.A.K.Manickam, Government Counsel 1/3
O R D E R
[Order of the Court was delivered by T.S.SIVAGNANAM,J.] We have heard Mr.T.Sathiyanathan, learned counsel appearing for the petitioner and Mr.A.K.Manickam, learned Government counsel appearing for the respondents.
2. This Writ Petition styled as a Public Interest Litigation seeks for a direction to the respondents to install Electric Crematorium in three Panchayats viz., Thirunageswaram, Tharasuram and Cholapuram Town Panchayats, Kumbakonam Taluk, Thanjavur District and in this regard, the petitioner has given a representation on 21.05.2021. The petitioner does not have any knowledge as to how much would be the rough expenses for establishing and erecting one electric Crematorium. The decision to install such facility should be left to the Authorities, because huge funds are required, apart from other pollution mitigating measures which have to be adopted. Therefore, by merely sending a representation that too only on 21.05.2021, the petitioner cannot rush to this Court and seek for a direction to install Electric Crematorium.
Furthermore, in the present pandemic situation, there is lot of funds crunch with the local bodies. Therefore, we cannot compel the respondents to install such facility. However, considering the fact that it is a better technology than the conventional cremation grounds, the respondents can consider the representation of the petitioner dated 21.05.2021 in accordance with law.
3. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb/ps Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Collector Thanjavur District, Thanjavur.
2.The Executive Officer, Thirunageswaram Town Panchayat, Thirunageswaram, Kumbakonam Taluk, Thanjavur District.
3.The Executive Officer, Tharasuram Town Panchayat, Tharasuram, Kumbakonam Taluk, Thanjavur District.
4.The Executive Officer, Cholapuram Town Panchayat, Cholapuram, Kumbakonam Taluk, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-19357[F] dated 15/06/2021 ) Order made in W.P.No.10044 of 2021 Dated: 11.06.2021 ma(CO) TR(23.06.2021) 3P 6C 3/3