N.Ravi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.110 of 2017 and W.M.P.(MD) No.83 of 2017 N.Ravi ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukkottai Taluk, Virudhunagar District.

4.The Block Development Officer, Aruppukottai, Virudhunagar District.

5.The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, forbearing the Respondents from in any way burring the dead body in the land bearing Survey No.34/6 having an extent of 0.06.5 Hectares situated at Kattakanjampatti Village, Athipatti Village Panchayat, Aruppukottai Taluk, Virudhunagar District based on Petitioner's representation dated 05.10.2016.

For Petitioner : Mr.N.Dilipkumar for Mr.M.Senthil Ayyanar For Respondents 1 to 3, & 5 :

Mr.M.Alagathevan, Special Government Pleader For 4th Respondent : Mr.T.S.Mohammed Mohideen *****

O R D E R

This writ petition has been filed, for issuance of a writ of Mandamus, forbearing the Respondents from in any way burring the dead body in the land bearing Survey No.34/6 having an extent of 0.06.5 Hectares situated at Kattakanjampatti Village, Athipatti Village Panchayat, Aruppukottai Taluk, Virudhunagar District based on Petitioner's representation dated 05.10.2016. 2.The case of the petitioner is that he is a resident of Pandian Nagar, Kattakanjampatti, Aruppukottai Taluk, Virudhunagar District. There are about thousand families residing in the area. The petitioner would state that there was an existing burial ground situated at Pandian Nagar in Kattakanjampatti Village and pursuant to the resolution passed by the panchayat in Resolution No.15 dated 04.11.2011, the burial ground was shifted to S.No.203, Vakaikulam Kanmaikarai.

However, on 09.08.2016, despite objections by the petitioner, some people started burring dead bodies in the burial ground situated at Pandian Nagar. The matter was brought to the knowledge of the Tahsildar, Aruppukottai Taluk. Subsequently, a Peace Committee Meeting was conducted, but there was no consensus. Hence, the petitioner made a representation to the Revenue Divisional Officer on 05.10.2016. Since no action was taken, the present writ petition is filed.

3.Mr.N.Dilipkumar, learned counsel appearing for Mr.M.Senthil Ayyanar, learned counsel for the petitioner by referring to the counter affidavit filed by the 4th respondent would submit that admittedly a new burial ground was established in S.Nos.202 and 203, Athipatti, near Vagaikulam Tank and the public also using the same. It is further contended that once the burial ground is shifted to some other place after residential area has developed near the existing burial ground, the revenue officials should not permit public to burry the bodies in the old burial ground. It is further submitted by the learned counsel for the petitioner that the petitioner is ready to give a fresh representation to the first respondent and that can be enquired and a decision can be taken by the first respondent.

4.Heard Mr.M.Alagathevan, learned Special Government Pleader appearing for respondents 1 to 3 and 5 and Mr.T.S.Mohammed Mohideen, learned counsel for the 4th respondent on the said submissions.

5.Considering the relief sought for by the petitioner and the submissions made by the learned Special Government Pleader appearing for respondents 1 to 3 and 5 and the learned counsel appearing for the 4th respondent, this Writ Petition is disposed of with a direction to the petitioner to give fresh representation to the first respondent within a period of two weeks from the date of receipt of a copy of this order, enclosing the copy of this order

and on such receipt, the first respondent shall conduct an enquiry and pass orders on merits and in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

6.Accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukkottai Taluk, Virudhunagar District.

4.The Block Development Officer, Aruppukottai, Virudhunagar District.

5.The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

+1 CC to M/s.M.SENTHIL AYYANAR, Advocate, SR No. 62417. +1 CC to M/s. T.S.MOHAMED MOHIDEEN, Advocate, SR No. 62472 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 62529 SJ PSM/KP/SAR1/06.07.2017/3P/9C W.P.(MD) No.110 of 2017 and W.M.P.(MD) No.83 of 2017 28.06.2017