Dismissed

A.Egavali v. The District Collector

Madras HC8 Feb 2023WP/3468/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed under Article 226 seeking Mandamus. The petitioner challenged the proposal to classify specific land as a crematorium, claiming it was a public pathway used by them. The court held substantive disputes over road rights must be settled in civil courts.

What did the court decide?

The writ petition seeking a direction to consider the petitioner's representation was dismissed; no costs awarded.

A.Egavali Vs The District Collector — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.3468 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 8.2.2023

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CORAM

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THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR

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W.P.No.3468 of 2023 and W.M.P.No.3534 of 2023

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A.Egavali ... Petitioner

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Vs.

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1 The District Collector, Villupuram. 2 The Director of Municipal Administration, Chennai-600 028. 3 The Secretary of Municipal Administration, Chennai-600 009. 4 Municipal Administrative Zonal Director, Vellore-12. 5 The Sub Collector, Singanur Road, Tindivanam-604 302.

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6 The Municipal Commissioner, Easwaran Koil Street, Tindivanam-604 001. 7 The Tahsildar, Kamachi Amman Koil Street, Tindivanam-604001. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.3468 of 2023

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Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, direct the respondents to consider the petitioners representation dated 22.12.2022 within a time frame as stipulated by this Court.

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For Petitioner : Mr.W.M.Adbul Azeez For Respondents 1 to5 &7 : Mr.S.Rajesh, G.A. For Respondent No.6 : Mr.P.Srinivas ******

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Writ petition is filed seeking Mandamus, directing the respondent to

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consider the representation of the petitioner, requesting them to drop the proposal of construction of new burning platform for the dead bodies over and above the pathway situated at Kidangal Village, Tindivanam.

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The case of the petitioner is that the respondents are trying to classify the land situated in Survey No.15/2 in Ward No.F bearing T.S.No.37, Block No.128 at Kidangal Village, Tindivanam as crematorium in the public place, particularly encroaching the pathway which is being used by the petitioner and public in the said locality. Hence, the petitioner has made a representation to the respondents to drop the said proposal. However, no order has been passed by the respondents. Hence, the present writ petition.

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The learned Government Advocate appearing for the respondents would submit that the aforesaid land is already classified as graveyard and now in

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https://www.mhc.tn.gov.in/judis

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W.P.No.3468 of 2023

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order to provide more facilities, gasified crematorium is proposed and therefore,

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the petitioner cannot as a matter of right claim it as pathway.

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Such view of the matter, this Court cannot give any direction to

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consider the representation of the petitioner. If af all the petitioner wants to establish his right over the property as ''pathway'' he can very well file a suit before the civil Court.

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With the above observations, the writ petition stands dismissed.

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No costs. Connected miscellaneous petition is closed.

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6.02.2023

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Neutral Citation: Yes/No Speaking/Non Speaking order Index: Yes/No vaan

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1 The District Collector, Villupuram.

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2 The Director of Municipal Administration, Chennai-600 028.

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3 The Secretary of Municipal Administration, Chennai-600 009.

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4 Municipal Administrative Zonal Director, Vellore-12.

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5 The Sub Collector, Singanur Road, Tindivanam-604 302.

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6 The Municipal Commissioner, Easwaran Koil Street, Tindivanam-604 001.

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7 The Tahsildar, Kamachi Amman Koil Street, Tindivanam-604001.

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https://www.mhc.tn.gov.in/judis

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W.P.No.3468 of 2023

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N.SATHISH KUMAR, J.

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vaan

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W.P.No.3468 of 2023 and W.M.P.No.3534 of 2023

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Dated: 8.2.2023

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https://www.mhc.tn.gov.in/judis 4/4

A.Egavali v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Egavali v. The District Collector

Case brief

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