Allowed

J.Krishnakumar, v. The Sub Collector

Madras HC13 Feb 2018WP/3128/2018

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing government officials to dispose of the petitioner's representation regarding the fix-up of boundaries and fencing of a burial ground on land adjacent to the petitioner's agricultural plot, to prevent further encroachment.

What did the court decide?

Direction to respondents to consider the representation dated 29.01.2018, pass orders on merits after local inspection and hearing, within four weeks.

J.Krishnakumar, Vs The Sub Collector — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.02.2018

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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Writ Petition No.3128 of 2018

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J.Krishnakumar S/o.N.Jaganathan .. Petitioner

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versus 1. The Sub Collector Pollachi, Coimbatore District.

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The Tahsildar Pollachi Taluk, Pollachi Coimbatore District. .. Respondents

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Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 29.01.2018 within a stipulated time.

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For Petitioner : Mr.C.Prakasam

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For Respondents : Mr.K.T.Devendran Additional Government Pleader O R D E R

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Mr.K.T.Devendran, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

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The petitioner seeks for a mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 29.01.2018, wherein and whereby, he sought for fixing boundaries and fencing the subject matter property, which is, used as a burial ground, by the local people.

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It is stated that the petitioner is owning an agricultural land adjacent to the burial ground situated at S.No.3, Block No.3, Ward No.H, Pollachi Municipal Limit,

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

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Coimbatore District and however, as there is no fencing in the said burial ground, the people are encroaching upon the petitioner's land also and trying to bury the dead bodies in his land. Therefore, the petitioner made the said representation and it is stated that the said representation is still pending.

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Considering the above stated facts and circumstances, the respondents are directed to consider the said representation of the petitioner dated 29.01.2018 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and also conducting local inspection of the subject matter property. Such exercise shall be done by the respondents, within a period of four weeks from the date of receipt of a copy of this order. No costs.

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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mk
To
1.The Sub Collector
Pollachi, Coimbatore District.
2.The Tahsildar
Pollachi Taluk, Pollachi
Coimbatore District.
+1cc to Mr.C.Prakasam, Advocate, S.R.No.10872

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+1cc to the Government Pleader, S.R.No.11307

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W.P.No.3128 of 2018 RRK(16/02/2018)

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

J.Krishnakumar, v. The Sub Collector

Case brief

What is this about?

What did the court decide?

J.Krishnakumar, v. The Sub 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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