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Madras High CourtWP(MD)/30593/2023disposed of

Wisey v. The District Collector

2025-12-12Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.30593 of 2023 and W.M.P.(MD).No.26304 of 2023 Wisey ... Petitioner Vs

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Sub Collector / Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3. The Tahsildar, Thiruvattar Taluk, Thiruvattar, Kanyakumari District.

4. The Executive Officer, Attoor Town Panchayat, Attoor, Kanyakumari District.

5. Anitha

6. Abraham

7. Krishnan ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to shift the buried dead body laid in S.Nos.60/10-8 and 60/10-9 of Attor Village, Thiruvattar Taluk, Kanyakumari District, based on the petitioner's representation dated 13.11.2023 within the time stipulated by this Court. For Petitioner : Mr.G.Ramanathan For R-1 to R-4 : Mr.A.Oliraja, Government Advocate For R-5 to R-7 : No Appearance

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to shift the buried dead body laid in Survey Nos.60/10-8 and 60/10-9 of Attor Village, Thiruvattar Taluk, Kanyakumari District, based on the petitioner's representation dated 13.11.2023, within the time to be stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that respondent Nos.5 to 7 have used the subject property as a burial ground, though they have no right to bury dead bodies in the said land. Hence, the petitioner made a representation to respondent Nos.1 to 4. Since the said representation has not been considered till date, the petitioner has approached this Court by filing the present Writ Petition. 2/5

3. The learned Government Advocate appearing for respondent Nos.1 to 4 submitted that the representation of the petitioner dated 13.11.2023 would be considered in accordance with law.

4. In view of the above submission, and without expressing any opinion on the merits of the matter, this Court directs respondent Nos.1 to 4 to consider the petitioner's representation dated 13.11.2023 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.12.2025 Index : Yes/No Internet: Yes/No TSG 3/5

To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Sub Collector / Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3. The Tahsildar, Thiruvattar Taluk, Thiruvattar, Kanyakumari District.

4. The Executive Officer, Attoor Town Panchayat, Attoor, Kanyakumari District.

4/5

KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.30593 of 2023 12.12.2025 5/5