Madras High Court
B.Ponnupillai vs The District Collector on 28 August, 2023
W.P(MD)No.4982 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE P.VADAMALAI
W.P(MD)No.4982 of 2018
and
W.M.P(MD)No.4971 of 2018
B.Ponnupillai ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
At Nagercoil.
2.The Revenue Divisional Officer,
Padmanabhapuram,
Kanyakumari District.
3.The Executive Officer,
Vellimalai Town Panchayat,
Thirunainarkurichi,
Ammandivilai Post,
Kanyakumari District.
4.The Deputy Director,
Health and Preventive Medicine,
Krishnancoil, Nagercoil,
Kanyakumari District.
5.S.Gopal Surendran
6.Mrs.Krishna .. Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 5
W.P(MD)No.4982 of 2018
PRAYER: Petition under Article 226 of the Constitution of India seeking
issuance of a Writ of Mandamus, directing the respondents 1 to 4 not to
entertain any applications for approval of the unauthorized construction of a
cremation shed (crematorium) in Re.Survey No.412/3 from the legal heirs of
deceased Dr.Surendran being 5th and 6th respondents as well as to take suitable
steps to demolish and or remove the unauthorized constructions as cremation
shed (crematorium) Re.Survey No.412/3 Attinkarai, Manavalakurichi,
Kanyakumari District so as to comply and respect the Government Orders as
well as Hon’ble High Court judgments above said supra.
For Petitioner : No Appearance
For R-1 to R-4 : Mr.D.Sachikumar,
Additional Government Pleader
For R-5 & R-6 : No Appearance
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
We have heard Mr.D.Sachikumar, learned Additional Government
Pleader for respondents 1 to 4.
2. The learned Additional Government Pleader appearing for the third
respondent submits that the petitioner is dead.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4982 of 2018
3. No steps have been taken to bring the legal representatives of the
petitioner on record to prosecute the writ petition.
4. The grievance of the petitioner was about the usage of a land for burial
ground without a lincence.
5. It is trite that a land cannot be allowed to be used for burial purposes
without licence from the authority.
6. It is for the third respondent to take necessary steps in that record.
7. As the petitioner is dead, the writ petition stands disposed of as abated.
No Costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (P.V.M., J.)
28.08.2023
NCC :Yes/No
Index :Yes/No
PM
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4982 of 2018
To:
1.The District Collector,
Kanyakumari District,
At Nagercoil.
2.The Revenue Divisional Officer,
Padmanabhapuram,
Kanyakumari District.
3.The Executive Officer,
Vellimalai Town Panchayat,
Thirunainarkurichi,
Ammandivilai Post,
Kanyakumari District.
4.The Deputy Director,
Health and Preventive Medicine,
Krishnancoil, Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4982 of 2018
THE HON'BLE CHIEF JUSTICE
and
P.VADAMALAI, J.
PM
W.P.(MD)No.4982 of 2018
28.08.2023
https://www.mhc.tn.gov.in/judis
