A.Balu @ Babu v. The District Collector

O R D E R [Order of the Court was made by M.SUNDAR J.] This order has to be read in conjunction with and in continuation of earlier proceedings made by Hon'ble predecessor Division Bench in the listing on 10.09.2024 which reads as follows: Page Nos.2/8 'W.P.No.26350 of 2024 THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI, J., Mr.T.K.Saravanan, learned Government Advocate, accepts notice on behalf of the respondents and he seeks time to get instructions in this matter. List after twelve weeks.'

¶2Today, Mr.K.Suresh, learned Government Advocate, submits that the tenure of R7 has since elapsed and now the Block Development Officer, Sholingur Union, Ranipet District is in-charge of the administration of the Village Panchayat concerned. Therefore, we suo-motu substitute the Block Development Officer, Sholingur Union, Ranipet District as R7 in the place of existing R7 [

The President, Velampudur Village Panchayat,

Velampudur Village, Sholinghur Taluk, Ranipet District]. Registry to carry out the above substitution qua R7 in the case file.

¶3Learned State Counsel accepts notice for the substituted R7 also.

¶4Mr.C.Harish, learned counsel on record for writ petitioner and Mr.K.Suresh, learned State Counsel for all the respondents consented for having the main writ petition taken up and heard out.

¶5Subject matter of the main writ petition is S.No.260 Velam Village, Page Nos.3/8 Sholingur Taluk, Ranipet District, which is classified as 'Kaanaaru' [fhzhW] and therefore, the same shall hereinafter be referred to as 'said riverbed' for the sake of brevity, convenience and clarity.

¶6Learned counsel for the writ petitioner submits that the writ petitioner owns 'lands in (i) S.F.No.251/2, total extent of 0.15.0 ares, 0.37 1/2 cents, (ii) S.F.No.251/4, total extent of 0.12.50 ares, 0.31 cents (iii) S.F.No.251/1B, total extent of 0.05.5 ares, 0.14 cents, (iv) S.F.No.251/2, total extent of 0.05.0 ares, 0.12 1/2 cents, (v) S.F.No.257/3A, total extent of

0.05.5 ares, 0.14 cents (vi) S.F.No.259/2, total extent of 0.03.0 ares, 0.07 1/2 cents (vii) S.F.No.259/3A, total extent of 0.01.5 ares, 0.04 cents (viii) S.F.No.259/1B, total extent of 0.04.5 ares, 0.11 cents (ix) S.F.No.259/4B, total extent of 0.09.0 ares, 0.22 1/2 cents (x) S.F.No.259/5A, total extent of

0.02.5 ares, 0.06 cents and (xi) S.F.No.252/4, total extent of 0.11.0 ares, 0.27 1/2 cents all the survey number total extent of 1.87 1/2 cents and S.F.No.251/1, total extent of 0.06.0 ares along with well etc., in Velam Village, Walaja Taluk, Ranipet District' {hereinafter 'petitioner's said lands' for the sake of brevity, convenience and clarity}. Learned counsel submits that as regards petitioner's said lands, two suits namely, O.S.No.6 of 2022 on Page Nos.4/8 the file of the District Munsif Court, Walajapet and O.S.No.128 of 2022 on the file of the Sub-Court, Ranipet have been filed and the same are pending. Learned counsel submits that while the former suit is inter alia for bare injunction and the latter is inter alia for declaration of title.

¶7We make it clear that these suits will proceed on their own merits and in accordance with law untrammelled by this order as this order pertains to said riverbed (S.No.260).

¶8The crux and gravamen of the complaint of the writ petitioner is, burial is said to be taking place in the said riverbed.

¶9Learned counsel for writ petitioner submits that a riverbed cannot be used for burial. Responding to this, learned State Counsel submitted that a proposal to allot an alternate site adjacent / near the said riverbed and delineate the same for burial is being explored. Learned State Counsel submits that this exercise will be completed as expeditiously as the business of the official respondents would permit but in any event within twelve weeks from today i.e., on or before 19.09.2025. We are of the considered view that recording the stated position of learned State Counsel will suffice for giving closure to the captioned WP. We do so. Page Nos.5/8

¶10Captioned WP is disposed of as closed albeit preserving all rights and contentions of the writ petitioner to come to this Court again if there is inaction on the part of the State i.e., inaction qua aforementioned stated position of learned State Counsel. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.J.,) (H.C.J.,)

27.06.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.6/8 To

¶1The District Collector District Collector Officer Ranipet, Ranipet District.

¶2The Revenue Divisional officer Revenue Divisional Office Ranipet, Ranipet District.

¶3The Tahsildhar Tahsildhar Office Sholingur Ranipet District.

¶4The Village Administrative Officer Velamputhur Village Sholingur Taluk Ranipet District.

¶5The Taluk Survey Officer VAO Office Velam, Sholinghur Taluk Ranipet District.

¶6The Executive Engineer Public Works Department Ranipet District.

¶7The Block Development Officer, Sholingur Union Ranipet District. Page Nos.7/8 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk

27.06.2025 Page Nos.8/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR A.Balu @ Babu S/o.Late Angamuthu ... Petitioner vs. 1. The District Collector District Collector Officer Ranipet, Ranipet District. 2. The Revenue Divisional officer Revenue Divisional Office Ranipet, Ranipet District. 3. The Tahsildhar Tahsildhar Office Sholingur Ranipet District. 4. The Village Administrative Officer Velamputhur Village Sholingur Taluk Ranipet District. 5. The Taluk Survey Officer Page Nos.1/8 VAO Office Velam, Sholinghur Taluk Ranipet District. 6. The Executive Engineer Public Works Department Ranipet District. 7. The Block Development Officer, Sholingur Union Ranipet District. ... Respondents * R7 suo-motu substituted vide order dated 27.06.2025 in W.P.No.26350 of 2024 Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, forbearing the respondents 1 to 6 from permitting anyone to bury dead bodies or burn dead bodies in S.No.260, Velam Village, Sholinghur Taluk, Ranipet District, classified as "Kaanaaru" and remove the encroachments by considering the petitioner's representation dated 12.03.2023. For Petitioner : Mr.C.Harish For Respondents : Mr.K.Suresh Government Advocate *****