N RAVI Vs. DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT

JUDGEMENT

(1.) This writ petition has been filed, for issuance of a writ of Mandamus, forbearing the Respondents from in any way burring the dead body in the land bearing Survey No.34/6 having an extent of 0.06.5 Hectares situated at Kattakanjampatti Village, Athipatti Village Panchayat, Aruppukottai Taluk, Virudhunagar District based on Petitioner's representation dated 05.10.2016.

(2.) The case of the petitioner is that he is a resident of Pandian Nagar, Kattakanjampatti, Aruppukottai Taluk, Virudhunagar District. There are about thousand families residing in the area. The petitioner would state that there was an existing burial ground situated at Pandian Nagar in Kattakanjampatti Village and pursuant to the resolution passed by the panchayat in Resolution No.15 dated 04.11.2011, the burial ground was shifted to S.No.203, Vakaikulam Kanmaikarai. However, on 09.08.2016, despite objections by the petitioner, some people started burring dead bodies in the burial ground situated at Pandian Nagar. The matter was brought to the knowledge of the Tahsildar, Aruppukottai Taluk. Subsequently, a Peace Committee Meeting was conducted, but there was no consensus. Hence, the petitioner made a representation to the Revenue Divisional Officer on 05.10.2016. Since no action was taken, the present writ petition is filed.

(3.) Mr.N.Dilipkumar, learned counsel appearing for Mr.M.Senthil Ayyanar, learned counsel for the petitioner by referring to the counter affidavit filed by the 4th respondent would submit that admittedly a new burial ground was established in S.Nos.202 and 203, Athipatti, near Vagaikulam Tank and the public also using the same. It is further contended that once the burial ground is shifted to some other place after residential area has developed near the existing burial ground, the revenue officials should not permit public to burry the bodies in the old burial ground. It is further submitted by the learned counsel for the petitioner that the petitioner is ready to give a fresh representation to the first respondent and that can be enquired and a decision can be taken by the first respondent.