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Madras High CourtWP(MD)/9890/2020disposed of

Kalaiyarasi v. The Dist.Collector

2022-03-02Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD) No.9890 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.9890 of 2020 Kalaiyarasi ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Superintendent of Police, Pudukottai District, Pudukottai.

3.The Tahsildar, Avudaiyarkoil Taluk, Pudukottai District.

4.The Inspector of Police, Embal Police Station, Pudukottai District.

5.Palanichamy 6.Rajeshwari ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the buried cadaver or body of the late Mr.Subban from the petitioner's land in S.No.51/3, Seppavayal Village Group, Avudaiyarkoil Taluk, Pudukottai District.

For Petitioner : Mr.V.Kannan For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate For R5 & R6 : No appearance

O R D E R

The present writ petition has been filed by the petitioner seeking direction to direct the respondents 1 to 4 to remove the buried cadaver or body of the late Mr.Subban from the petitioner's land in S.No.51/3, Seppavayal Village Group, Avudaiyarkoil Taluk, Pudukottai District.

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W.P.(MD) No.9890 of 2020

2. Though the writ petition has been filed for a direction to the respondents 1 to 4 to remove the dead body of Mr.Subban from the petitioner's land in Survey No.51/3, the learned counsel appearing for the petitioner would submit that it would suffice, if the said authority is directed to consider the representation made by the petitioner. He would further submit that civil suit is pending between the parties in respect of title before the Civil Court in O.S.No.177 of 2014.

3. Considering the limited scope of the relief sought for by the petitioner, the first respondent is directed to consider the representation of the petitioner, dated 28.05.2020 and pass orders on merits and in accordance with law within a period of three months 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 (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The District Collector, Pudukottai District,Pudukottai.

2.The Superintendent of Police, Pudukottai District,Pudukottai.

3.The Tahsildar, Avudaiyarkoil Taluk, Pudukottai District.

4.The Inspector of Police, Embal Police Station, Pudukottai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.9890 of 2020 02.03.2022 MGJ(15.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2