In a writ petition under Article 226 regarding burial in canal land, the petitioner was satisfied that the character of the waterbody would not be disturbed based on respondent reports. The petition was disposed of without any further order and WMP 12644 of 2020 was closed. Costs were not awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.10393 of 2020
P.Rajendrababu
.. Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to take steps to exhume and remove the dead body buried by the fourth respondent on 03.06.2020 in Survey No.129 of Panthala Kandigai Village, which is classified as (lake Canal Poramboke) land and further not to bury or cremate any dead body in Survey No.129 of V.K.R. Puram, Panthala Kandigai Village, Thirutani Taluk, Thiruvallur District in future.
For Petitioner : Ms.T.Nithya For Respondents: Mr.P.Muthukumar Counsel for State for respondents 1 to 3
ORDER
(Made by the Hon'ble Chief Justice)
A report has been filed the third respondent indicating that land measuring 0.33 hectare in Survey No.129 of Veerakaverirajapuram Village in Tirutani Taluk of Tiruvallur District is classified as Channel poramboke in the revenue accounts and, as such, there is no question of permitting the same or any part thereof to be used as a burial ground. The report also indicates that land measuring 0.06 hectare in Survey No.104/22 classified as wet anadeenam has been set apart for exclusive use for burial and cremation.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
kpl
To
Environment & Forest Department Secretariat, Fort St. George Chennai 600 009.
Thiruvallur District 602 001.
Thiruthani Taluk Office Thiruthani Taluk
Thiruvallur District 631 209.
+1cc to the Government Pleader, S.R.No.33313
W.P.No.10393 of 2020
LN(CO)
SB(19/07/2021)
P.Rajendrababu
The State of Tamil Nadu
The District Collector Thiruvallur
The Tahsildar Thiruthani
M.Naresh
Sanjeeb Banerjee
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
