MADURAI: The Madurai Bench of the Madras High Court directed the Tenkasi district administration to take action against officials if the claims that a 13 year old cremation shed is in a dilapidated condition is true.
A division bench of Justices GR Swaminathan and B Pugalendhi was hearing a petition filed by one Arumugam seeking a direction to the authorities to remove the encroachments, classified as Odai Kaalvai, at Marandhai in Alangulam taluk of Tenkasi.
After hearing both parties, the court said the petitioner's case is that survey No.892 in Marandhai has been classified as a waterbody and new buildings are coming up. The petitioner wanted the court to restrain the authorities from putting up new constructions.
When the matter was taken up for hearing, the special government pleader submitted that there is an existing cremation shed in the very same survey number and since it is in a dilapidated condition, it is necessary to put up a new shed.
The court said if the existing shed has become dilapidated, it can be demolished and a new shed can be built at the same site without changing the dimensions. It is not open to the authorities to put up another new construction in the survey number classified as a waterbody.
The court further said it cannot permit any further construction to come up in the waterbody at a new site and it is for the collector to take a call in the matter. The counsel for the petitioner pointed out that the cremation shed was put up in 2011.
If that is the case, we fail to understand how a building put up in 2011 is in a dilapidated condition within a short span of 13 years. If the petitioner's allegations are true, then, appropriate action may be taken against the officials responsible, the court said.