Ramesh v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.12252 of 2021 Ramesh ... Petitioner -vs1.The District Collector, Sivagangai Collector Office, Sivagangai District - 630562.
2.The District Revenue Officer, District Revenue Office, Sivagangai District - 630562.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai - 630302.
4.The Special Tahsildar, Aathithiravida Naladurai, Special Tahsildar Office, Devakottai - 630302.
5.The Block Development Officer, Block Development Office, Kallal - 630305.
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6.Diravidamani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the concern respondents to related all the proceedings under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 for Burial Ground to the benefit of Athithiravida People in any other Government vacant lands in Sempanoor Village Group's Survey Nos.413/2, 422/1, 419/1 and 388 and in very nearby Pakaneri Village Group's land in Survey Nos.383/1, 374/1, 374/8 and 379/1 at Karaikudi Taluk in Sivagangai District, except the petitioner's only life source of a cultivating agriculture land in Survey No.413/1, to the total extent of 1 Hectare 81.00 acres in Sempanoor Village Group, Karaikudi Taluk, Sivagangai District, based on the petitioner's representation on 17.08.2021, within a stipulated time that may be fixed by this Court.
For Petitioner :
Mr.R.Senthilkumar For R1 to R5 :
Mr.R.Ragavendran Government Advocate
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the official respondents to deal with the representation made by the petitioner on 17.08.2021, wherein the petitioner has sought for restraining the subject property from being used as a burial ground by the people belonging to the locality, in order to enable him to cultivate the agricultural lands. 2/6
2. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the respondents 1 to 5 produced a report of the Village Administrative Officer and also the written instructions received from the fourth respondent. For proper appreciation, the relevant portions are extracted hereunder:- 3/6
3. It is clear from the above that based on the objections made by the petitioner, the persons belonging to the Adi Dravidar community are now using an alternative place at Echampatti. Even otherwise, the burial or cremation of the dead body can be done only in accordance with the relevant rules as directed by the Full Bench of this Court in Jagadheeswari and others vs. B.Babu Naidu and others reported in 2023 (2) Writ L.R. 159.
4. In view of the above, the official respondents shall ensure that the property belonging to the petitioner is not put to use for cremation or burial of dead bodies.
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5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 06.11.2023 Index : Yes/No smn2 To 1.The District Collector, Sivagangai Collector Office, Sivagangai District - 630562.
2.The District Revenue Officer, District Revenue Office, Sivagangai District - 630562.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai - 630302.
4.The Special Tahsildar, Aathithiravida Naladurai, Special Tahsildar Office, Devakottai - 630302.
5.The Block Development Officer, Block Development Office, Kallal - 630305.
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N.ANAND VENKATESH, J.
smn2 and W.M.P.(MD)No.12252 of 2021 06.11.2023 6/6