Ayupkhan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4075 of 2016 and W.M.P.(MD).No.3655 of 2016 Ayupkhan .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Thasildar, Thiruppathur Taluk, Sivagangai District.

3.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to prevent the unauthorized person from burning and burying the dead bodies in the Narasingapuram Panchayat Government Promboke land near by the petitioner's area at Min Nagar, Thiruppathur, Sivagangai District.

For petitioner : Mr.S.Kameswaran For respondents : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the respondents not to permit the burial of dead bodies in the residential area at Min Nagar, Thiruppathur, Sivagangai District. https://hcservices.ecourts.gov.in/hcservices/

2. It is the case of the petitioner that instead of burying the dead bodies at the notified place, people are now burying in the open place at Min Nagar.

3. The instructions obtained by the learned Special Government Pleader indicate that the respondents 1 and 2 are taking efforts to relocate the burial ground.

4. The factual matrix indicates that instead of burying the dead bodies at the notified place, the dead bodies are buried in the open place, which has not been notified.

5. We direct the respondents 1 and 2 to take appropriate action forthwith to prevent the burial of dead bodies in places, other than the notified places. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of, with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Thasildar, Thiruppathur Taluk, Sivagangai District.

3.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District, +One cc to Mr.S.Kameswaran, Advocate, SR.No.73611 +One cc to The Special Government Pleader, SR.No.74437 RL/6c/2p/SV/MMS/SAR1/6/9/2017 ORDER MADE IN W.P.(MD)No.4075 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 22.08.2017