Lakshmanan.B v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.20019 of 2020 B.Lakshmanan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Revenue Department, Sivaganagai.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

4.The Block Development Officer, Manamadurai Panchayat Union, Manamadurai, Sivagangai District.

5.The Village Panchayat President, Konnakulam Panchayat, Manamadurai Taluk, Sivagangai District.

6.Arumugam 7.Mayakku 8.Boochi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents 1 to 5 from giving permission to the new burial grounds in Soorakulam Kanmoi at Soorakulam 1/4

Village, Konnakulam Panchayat, Manamadurai Taluk, Sivagangai District and to act upon as per the Tamilnadu Village Panchayat (Provision of buried and Burying Grounds) Rules 1999, and G.O.Ms.No.213 Rural Department (C4) dated 5th October, 1999.

For Petitioner :Mr.K.C.Ramalingam For R1 to R5 :Mr.A.K.Manikkam Special Government Pleader For R6, R7 and R8:Mr.S.Asaithambi ****

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus forbearing the respondents 1 to 5 from granting permission to establish new burial ground and to act upon as per Tamilnadu Village Panchayat (Provision of buried and Burying Grounds) Rules 1999. 2.Heard Mr.K.C.Ramalingam, learned Counsel for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader for the respondents 1 to 3 and Mr.S.Asaithambi, learned Counsel for the respondents 6 to 8. 3.The issue involved in this present Writ Petition is squarely covered by Full Bench Judgment of this Court in the case of Jegadheeswari and others vs A.Babu Naidu and others in W.A.No.1037 of 2023, dated 20.07.2023. The same shall be taken into consideration by the official respondents and it shall be 2/4

strictly complied with.

4.This Writ petition is disposed in the above terms. No costs. 09.10.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No cmr To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Revenue Department, Sivagnagai.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

4.The Block Development Officer, Manamadurai Panchayat Union, Manamadurai, Sivagangai District.

5.The Village Panchayat President, Konnakulam Panchayat, Manamadurai Taluk, Sivagangai District.

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N.ANAND VENKATESH, J.

cmr W.P.(MD)No.20019 of 2020 09.10.2023 4/4