Case Note & Summary
The petitioner, M. Anwar Hussain, a resident of Thucklay Village and a member of Thiruvithancode Muslim Jamath, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the District Collector, Kanyakumari District, to grant assignment of land in S.No.370/4 in Thakley Revenue Village, Kalkulam Taluk, for use as a burial ground by the Jamath. The petitioner had made a representation dated 30.4.2019, which was forwarded by the Commissioner of Land Administration to the District Collector via letter dated 28.5.2019. The petitioner's counsel submitted that the Jamath is one of the oldest in the district, with a mosque located in S.No.370/1, and the adjacent government poramboke land has been used as a burial ground by forefathers. The court, after hearing the Government Advocate who took notice, disposed of the petition at the admission stage by consent. The court directed the District Collector to consider the petitioner's representation and pass appropriate orders within eight weeks from the date of receipt of a copy of the order, without expressing any opinion on the merits of the case.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Consideration of Representation - Petitioner sought direction to consider representation for assignment of land as burial ground - Court held that the representation must be considered within a stipulated time frame - Held that the writ petition is disposed of with direction to consider representation within eight weeks (Paras 1-4).
Issue of Consideration
Whether the District Collector should be directed to consider the petitioner's representation for assignment of government poramboke land for use as a burial ground.
Final Decision
The writ petition is disposed of directing the first respondent (District Collector) to consider the petitioner's representation dated 30.4.2019 and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of Mandamus
- Article 226
- Consideration of representation
- Assignment of government land
- Burial ground
