Dismissed

K.a.Thyagarajan, v. The District Collector

Madras HC21 Sept 2016WP/32971/2016

Case brief

AI extract

What is this about?

This court closed a writ petition filed for directions to register land as a cremation ground. The court found the petitioner failed to produce records substantiating the plea and declined to grant an intrinsic right, leaving the issue for the authorities to consider.

What did the court decide?

Petition closed in the terms that the petitioner cannot claim an intrinsic right and the issue is for authorities to consider.

K.a.Thyagarajan, Vs The District Collector — Land Acquisition | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.09.2016

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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 R.MAHADEVAN

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W.P.No.32971 of 2016
K.A.Thyagarajan .. Petitioner
Vs.
1. The District Collector
Salem District, Salem.
2. The Assistant Director of Panchayats
No.208, 2 nd Floor
District Collector Office
Salem – 638 001.
3. The Block Development Officer
Panchayat Union Office
Village Panchayat
Salem Main Road
Edappadi – 637 101.
4. The President
Vellarivelli Village Panchayat
Edappadi Taluk
Salem District – 637 101. .. Respondents

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PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to earmark and register the land comprised in Survey No.166/3 measuring an extent of 0.45.5 Hectares situated at Vellarivelli Village, Edappadi Taluk, Salem District as cremation ground in the Revenue records as the same land is used by the villagers as cremation ground for several decades based on the representation of this petitioner dated 19.8.2016 vide communication of the second respondent dated 23.8.2016 within time frame.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.S.Mohan For Respondents : Mr.M.K.Subramanian

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: Mr.M.K.Subramanian
Government Pleader
for respondents 1 and 2
Mr.R.Vijayakumar
Addl. Govt. Pleader
for respondents 3 and 4

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ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
On perusal of the petition, the learned counsel for the
petitioner is unable to show any records of the land to
substantiate the plea that it is a cremation ground. The
petitioner has made a representation dated 19.8.2016 to the
Tahsildar/Block Development Officer/Third respondent.
2. We are of the view that the petitioner cannot claim any
intrinsic right for the land to be treated as cremation ground
and it is for the authorities concerned to consider the
representation of the petitioner.
The petition is, accordingly, closed in the aforesaid terms.
No costs. Consequently, W.M.P.No.28490 of 2016 is closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
sasi

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https://hcservices.ecourts.gov.in/hcservices/

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To:

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The District Collector
Salem District, Salem.
2. The Assistant Director of Panchayats
No.208, 2 nd Floor
District Collector Office
Salem – 638 001.
3. The Block Development Officer
Panchayat Union Office
Village Panchayat
Salem Main Road
Edappadi – 637 101.
4. The President
Vellarivelli Village Panchayat
Edappadi Taluk
Salem District – 637 101.
+ 1 cc to Mr.S. Srinivasa Narayanan, Advocate SR.54390
W.P.No.32971 of 2016
PVS(CO)
Eu 28.09.2016

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https://hcservices.ecourts.gov.in/hcservices/

K.a.Thyagarajan, v. The District Collector

Case brief

What is this about?

What did the court decide?

K.a.Thyagarajan, 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

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