THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.10238 OF 2011 ORDER: The relief sought for, in this Writ Petition, is to declare the inaction of the respondents, in not ensuring usage of the new graveyard made available in an extent of 2.00 acres in Sy. No.80 of Kompally Village, R.R. District by the villagers of Kompally, as illegal. A consequential direction is sought to the respondents to close the old graveyard that existed in 300 sq. yards of private land in Sy. No.94/Part in Kompally Village. The petitioner is a registered society of flat owners. The existing graveyard is situated in an extent of 300 sq. yards of land and has been used as such, even according to the averments in the affidavit filed in support of the Writ Petition, for the past more than 30 years. The petitioner’s case, in short, is that, by efflux of time, the population of the village had increased multi-fold; and many apartments and high rise buildings had come up therein. It is their case that, since an extent of 2.00 Acres of Government land has been provided for the purpose of usage as a graveyard, the old graveyard should be closed and people asked to burry their dead in the new graveyard located in the said extent of 2.00 Acres of land. Having constructed their flats around the graveyard, (which the petitioners call the old graveyard), the petitioners cannot be heard to contend that the old grave yard should be closed. This Court would exercise its powers of judicial review only when the action of the respondents suffers from illegality, irrationality or procedural impropriety. No violation of any statutory provision has been brought to the notice of this Court requiring a direction to be issued to the respondents to close the existing graveyard. Whether the old burial ground should be continued to be used as such, or the new burial ground should used instead, are all matters within the executive realm and cannot, and ought not to be subjected to judicial scrutiny by this Court more so in the exercise of its jurisdiction under Article 226 of the Constitution of India, I see no reason, therefore, to entertain this Writ Petition. The Writ Petition is, accordingly, dismissed at the stage of admission. It is made clear that the interim order passed during the pendency of the Writ Petition shall no longer survive dismissal of this Writ Petition. No costs. ___________________________ RAMESH RANGANATHAN, J 11.08.2011 MRKR