Gowthaman .M v. The District Collector - Cum - Inspector Of Panchayat
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE P.DHANABAL M.Gowthaman ... Petitioner Vs.
1.The District Collector-Cum-Inspector of Panchayat, Virudhunagar District, 1st Floor, Collectorate, Sattur Road, Virudhunagar-626002.
2.Special District Revenue Officer (Land Acquisition), National Highway 744, Virudhunagar.
3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
4.The Special Tahsildar (Land Acquisition), Adi Dravidar Welfare, Srivilliputhur, Virudhunagar District.
5.The President, Athikulam Sengulam Village Panchayat, Srivilliputhur Union, Srivilliputhur Taluk, Virudhunagar District.
.. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents to identify or acquire a suitable piece of land in proximity to the Chinnathikulam and Sithalamputhur Villages, Srivilliputhur taluk, Virudhunagar and make the same available as a shared burial ground to the residents of the said villages by considering the petitioner's representation dated 18.05.2023 For Petitioner : Mr.A.Nawazkhan For Respondents : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The learned counsel for the petitioner submits that an area of about 4960 sq.mts. land was available as a burial ground for the residents of Chinnathikulam and Sithalamputhur Villages. An area of about 3607 sq.mts have been acquired by the highways. The remaining area is not sufficient, the villagers have requested the authorities to allot more land for the burial ground, but the request is not acceded to.
2. The learned Government Pleader submits that the viability of alternate land acquisition has to be considered to resolve the issue and steps have been taken to sort out the matter in hand. The said status report is filed on 03.08.2023. The respondents shall take a decision upon the alternate land or for suitable land for burial purpose on its own merits, preferably, within a period of eight months from the date of receipt of a copy of this order.
3. This Writ Petition is disposed of. No costs. (S.V.G., CJ.) (P.D.B., J.) 28.02.2024 NCC :Yes/No Index : Yes/No vsm
To:
1.The District Collector-Cum-Inspector of Panchayat, Virudhunagar District, 1st Floor, Collectorate, Sattur Road, Virudhunagar-626002.
2.Special District Revenue Officer (Land Acquisition), National Highway 744, Virudhunagar.
3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
4.The Special Tahsildar (Land Acquisition), Adi Dravidar Welfare, Srivilliputhur, Virudhunagar District.
THE HON'BLE CHIEF JUSTICE and P.DHANABAL, J.
vsm W.P.(MD)No.15329 of 2023 28.02.2024