Dismissed

Perumbakkam Residents v. The District Collector

Madras HC13 Oct 2014WP/27008/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a writ of mandamus directing authorities to allocate a burial ground for Muslim residents. The Court held that allocation and location are executive domains subject to ground exigencies and local resistance, declining judicial intervention.

What did the court decide?

Writ Petition dismissed with the observation that allocation of burial ground is an executive domain.

Perumbakkam Residents Vs The District Collector — Pension and Retirement Benefits | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.10.2014

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CORAM

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The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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The Hon'ble MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.27008 of 2014

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Perumbakkam Residents Welfare Association, Rep. by its President, K.Stalin @ Vinoth. .. Petitioner vs 1.The District Collector, Kancheepuram District, Kancheepuram. 2.The Block Development Officer, St. Thomas Mount Panchayat Union, No.1, Near Chrompet Bridge, Chitlapakkam 1st Main Road, Chitlapakkam, Chennai. 3.The Executive Officer, Perumbakkam Panchayat Office, Perumbakkam, Chennai. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to take necessary steps to allocate Burial Ground within the limits of the Perumbakkam Panchayat for Muslim residents of Perumbakkam.

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For Petitioner : Mr.I.Prakash Raj For Respondents : Mr.S.T.S.Moorthy, Govt. Pleader

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petition has been filed, styled as a P.I.L., seeking directions to allocate burial ground within the limits of https://hcservices.ecourts.gov.in/hcservices/ Perumbakkam Panchayat for the Muslim residents of the area.

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2.It is not disputed that there is a burial ground in existence albeit at some distance. As to how many burial grounds or for that matter, cremation grounds can be provided is purely within the executive domain, as also its location, depending upon the exigencies at ground level, i.e., land available and number of persons visiting there. It cannot also be lost sight of the fact that often there are resistances by nearby residents whenever such spaces are provided. It could, thus, not be possible for this Court to examine and find out whether a suitable burial ground nearer the place can be located or not and it is for the respondents to look into this matter and take a call on the issue, for which a representation has already been made on 28.09.2014, i.e., few days ago.

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3.In view of the aforesaid observations, we are not inclined to entertain the prayer and the concerned authorities can look into the position.

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4.Writ Petition is dismissed with the aforesaid observations.
Sd/-
Asst.Registrar (CS III)
/true copy/
Sub Asst. Registrar
sra
To
1.The District Collector,
Kancheepuram District,
Kancheepuram.
2.The Block Development Officer,
St. Thomas Mount Panchayat Union,
No.1, Near Chrompet Bridge,
Chitlapakkam 1st Main Road,
Chitlapakkam, Chennai.
3.The Executive Officer,
Perumbakkam Panchayat Office,
Perumbakkam, Chennai.
1 cc to Government Pleader, Sr.48735

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W.P.No.27008 of 2014

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NG (CO)

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kk 27/10 https://hcservices.ecourts.gov.in/hcservices/

Perumbakkam Residents v. The District Collector

Case brief

What is this about?

What did the court decide?

Perumbakkam Residents v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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