Sekar Vs the Commissioner of Chennai Corporation — Writ and Judicial Review | Madras HC (2025)

Sekar Vs the Commissioner of Chennai Corporation — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction that the 3rd respondent examine the petitioner's representation dated 07.09.2024, consider the views of the 2nd respondent (Tahsildar, Sholinganallur Taluk), determine the nature of the land per revenue records, and take a decision on or before 31.03.2025 after affording an opportunity of being heard; petitioner cannot permit cremation use of the land; no costs.

Issue for consideration

Whether a writ of mandamus should issue directing the 2nd and 3rd respondents, particularly the 3rd respondent (Assistant Commissioner, Chennai Corporation, Zone 14), to consider the petitioner's representation dated 07.09.2024 seeking removal of the seal affixed on Plot Nos. 96, 97, 98, 99 in S.No. 68/2 (New S.No. 68/110), Madipakkam, Sholinganallur Taluk.

Court's answer

The 3rd respondent may examine the petitioner's representation dated 07.09.2024 and take into consideration the views of the 2nd respondent, Tahsildar, Sholinganallur Taluk, to determine the nature of the land in accordance with the revenue records, and thereafter take a decision on the representation.

Ratio / Principle

It is placed on record that the petitioner cannot permit usage of the said land for cremation purpose.

Key takeaways

The exercise of examining the representation and taking a decision shall be completed on or before 31.03.2025, following the procedure envisaged of giving opportunity and of being heard.ratio¶19

Detailed headnote1 paragraphs

Madras High Court (C.V. Karthikeyan, J.), 02.01.2025, W.P.No.37928 of 2024 (Sekar v. The Commissioner of Chennai Corporation and others) - Writ of mandamus under Article 226 of the Constitution of India seeking removal of the seal affixed by the 3rd respondent, Assistant Commissioner, Chennai Corporation, Zone 14, on Plot Nos. 96, 97, 98, 99 in S.No. 68/2 (New S.No. 68/110), Madipakkam, Sholinganallur Taluk. The plots had been used as an unauthorised cremation ground and were sealed and closed pursuant to successive orders of the Division Bench passed on a nearby residents' association's petitions. The petitioner, owner of the land, sought consideration of his representation dated 07.09.2024 for removal of the seal for alternate use. The Court recorded that the petitioner cannot permit usage of the land for cremation purpose and disposed of the writ petition directing the 3rd respondent to examine the representation, take into account the views of the 2nd respondent Tahsildar to determine the nature of the land in accordance with revenue records, and take a decision on or before 31.03.2025, following the procedure of giving opportunity and of being heard. No costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

W.P.No.37928 of 2024

Sekar .. Petitioner

Vs. 1.The Commissioner of Chennai Corporation, Chennai Corporation, Chennai. 2.The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai. 3.The Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam, Chennai. .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the representation dated 07.09.2024 and remove the seal in respect plot No 96, 97, 98, 99 in S. No 68/2 New No. 68/110.

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

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For Petitioner .. Mr.J.Franklin For Respondents .. Mr.P.Prithvi Chopda Standing Counsel for R1 and R3

Mr.N.Naveen Kumar Government Advocate for R2

ORDER

This writ petition has been filed in the nature of a mandamus seeking a direction particularly against the 2^nd and 3^rd respondents and more specifically against the 3^rd respondent, Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam at Chennai to consider the representation given by the petitioner on 07.09.2024 by which the representation, the petitioner had sought that the seal affixed by the 3^rd respondent in Plot Nos.96, 97, 98, 99 in S. No 68/2 New S.No. 68/110 at Madipakkam in Sholinganallur Taluk be removed.

2.The said plots have been unauthorizedly used as a cremation ground. Objecting to the same, nearby residents had formed an Association and moved the Division Bench of this Court and by successive orders, the cremation ground had been directed to be sealed and closed. But however, the petitioner is the owner of the said land. He had therefore given a representation on 07.09.2024 seeking removal of the seal, so that he could put the land to some alternate use. It must be

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put on record that the petitioner cannot permit usage of the said land for cremation purpose. But however, the 3^rd respondent may examine the representation given by the petitioner and also take into consideration the views of the 2^nd respondent, Tahsildar, Sholinganallur Taluk to determine the nature of the land in accordance with the revenue records and thereafter, take a decision on the representation given. Such exercise should be completed on or before 31.03.2025. Let the procedure as envisaged of giving opportunity and of being heard be followed.

3.This writ petition stands disposed of. No Costs.

02.01.2025

Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order Neutral Citation:Yes/No ssr

To

1.The Commissioner of Chennai Corporation, Chennai Corporation, Chennai.

2.The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai.

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C.V.KARTHIKEYAN,J.

ssr

3.The Assistant Commissioner of Chennai Corporation, Zone 14, Puzhithiwalkam, Chennai.

W.P.No.37928 of 2024

02.01.2025

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