G. GODWIN @ RAJESHKHANNA Vs. DISTRICT COLLECTOR, MADURAI

JUDGEMENT

(1.) THE Petitioner, who is a practising Advocate, has come forward with the present Writ Petition, in public interest, alleging that in the graveyard allotted by the Government at Thathaneri in Madurai to Pentecostal Community, encroachments are being made by constructing "manimandapam" or "ninaivuthoon" ('monument' or 'stoop') in the place where bodies are buried, which is against the conditions imposed by the Government at time of allotment of the said graveyard, viz. from putting up any building or cemetery.

(2.) ACCORDING to the Petitioner, persons who have got wealth are permitted by the staff of the 2nd Respondent to construct monuments or stoops in the place where the bodies are buried and according to their cult, such a procedure is not warranted. The grievance of the Petitioner is that the same has not been taken note of by the Respondents, inspite of his representation dated 14.03.2012. Hence he has come forward with the present writ petition seeking for a direction to the Respondents to remove the encroachments and restore the land in its original condition and preserve the land allotted for Pentecostal Graveyard at Thathaneri, Madurai-2, exclusively for burial alone and prevent encroachment over the land, by way of construction of any kind, by any person and to give protection to the poor.

(3.) IT is unfortunate that this kind of writ petitions are being filed under the guise of public interest litigations. When there is any monument or stoop is made in the place where a dead body is buried, how can it be called or termed as an encroachment? Certainly not. Further the petitioner has only made bald allegations. He has not specifically named how many persons have created stoop or monument and what is the extent. When there is no material at all produced for the alleged encroachment, public interest litigation can not be entertained. If the Petitioner has got any grievance, he has to work out his remedy only before the Civil Court, which is the proper forum to decide the issue and no Writ Petition could be filed under the guise of public interest litigation seeking a direction to the authorities. The Petitioner has to ventilate his grievance before the authorities concerned.