Palpandi.K v. The Honble Mayor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA W.P.(MD)No.18453 of 2022 and WMP(MD) No.13453 of 2022 K.Palpandi : Petitioner Vs.

1.The Hon'ble Mayor Sivakasi City Municipal Corporation, Sivakasi Taluk Sivakasi, Virudhunagar District 2.The Revenue Division Officer, Sivakasi Taluk, Sivakasi Virudhunagar District 3.The Tahsildar Sivakasi Taluk, Sivakasi Virudhunagar District 4.The Commissioner Sivakasi City Municipal Corporation Sivakasi Taluk, Sivakasi Virudhunagar District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents not 1/4

to reclassify the land in the revenue records for S.No.1028, an extent of 2 hectares of Keezh Thiruthangal Village, Sivakasi Taluk, Virudhunagar District from 'Odai (water canal) to be used as burial and cremation ground for dead bodies as per the representation dated 23.06.2022. For Petitioner : Mr.V.Viswanathan For Respondents : Mr.AK.Manikkam for R2&R3 Secial Government Pleader Mrs.S.Devasena for R1&R4 standing counsel

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that Sivakasi City Municipal Corporation is likely to put a burial ground in S.No.1028, Keezh Thiruthangal Village, Sivakasi Taluk, Virudhunagar District, which has been classified as a Kanmoi, the present public interest litigation has been filed for a direction to the respondents not to put up the burial ground there. 2.Today, Mr.P.Kumaresan, Revenue Inspector, Sivakasi Taluk, is presenst.

3.The learned standing counsel for the Municipal Corporation submitted that she has no instructions in this regard. 2/4

4.Mr.A.K.Manikkam, learned Special Government Pleader appearing for the respondents 2 and 3, submitted that till date, the revenue authorities have not received any proposal from the Corporation of Sivakasi in this regard. In such view of the matter, we are of the opinion that the present public interest litigation is premature to be entertained at this juncture. Hence, the same is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. [P.N.P., J.] & [R.H., J.] 16.08.2022 Internet : Yes RR To 1.The Revenue Division Officer, Sivakasi Taluk Sivakasi Virudhunagar District 3.The Tahsildar Sivakasi Taluk Sivakasi,Virudhunagar District 4.The Commissioner Sivakasi City Municipal Corporation Sivakasi Taluk, Sivakasi Virudhunagar District 3/4

P.N.PRAKASH, J AND R.HEMALATHA, J RR Order made in 16.08.2022 4/4