HON’BLE SRI JUSTICE C.V. RAMULU W.P.No. 12091 of 2008 Date: 27-09-2010 Between: Sivinigunta Bala Subhramanyam ……….. Petitioner and The District Collector, Chittoor District and two others. ………. Respondents HON’BLE SRI JUSTICE C.V. RAMULU W.P.No. 12091 of 2008 ORDER: This writ petition is filed seeking a Mandamus directing the respondents 2 and 3 to protect the graveyard lying in Sy.Nos.36/2 and 36/3 to an extent of Ac.0-55 cents and to permit the petitioner to attend the ceremonies of his ancestors, whose graves are lying in the said land. 2. The petitioner’s family was owning Ac.2-80 cents of land in Sy.Nos.36/2 to 36/5 at Sathyaveedu Village, Chittoor District, which is his ancestral property. The land is adjacent to the National Highway. During the year 1965, his father disposed of about Ac.2-25 cents in favour of one Tulasamma W/o. Chellappa Naidu vide registered document No.1196 of 1965, dated 20-12-1965. The remaining land of Ac.0-55 cents is retained by their family, as it is the graveyard of their ancestors. There are nearly 25 graves lying in the 0- 55 cents of land and they have not conveyed the title of this land to anybody. In the said land, two wells are also existing. Their family graveyard is 400 years old. 3. While that being so, recently on 28-05-2008 some unsocial elements removed some of the graves and tried to cover the wells. Therefore, the petitioner made a complaint to the concerned police station to keep a check on the activities of the unsocial elements. The people, who are having political support, wanted to usurp this property with ulterior motive to deprive them from enjoyment of their own land. A representation was made before the Collector and the remaining respondents herein, and also made another representation to the Registrar not to effect any registration on this property to which the Registrar replied on 20-12-2007 saying that he cannot stop the registration and advised the petitioner to get redressal of the problem by way of approaching the Civil Court. 4. A detailed counter affidavit has been filed on behalf of the third respondent. According to him, it is a fact that the petitioner submitted a representation on 22-05-2008 to all the respondents seeking protection to his land in Sy.No.36/2 and 36/3 admeasuring 0- 55 cents situated in Satyavedu village, Chittoor District, since his family members are performing the ceremonies to their elders on their graves which are located in the above survey numbers. Upon receipt of the said representation through proper channel, the third respondent directed the Sub-Inspector of Police to take necessary action. However, till date, the petitioner did not turn up before the third respondent-police for verification of the facts as stated in the representation. However, a letter was addressed to the Tahsildar, Satyavedu, requesting him to furnish the particulars about the lands mentioned in the representation. In reply, the Tahsildar, addressed a letter to the third respondent on 21-06-2008 informing that the petitioner is not in possession of the lands mentioned in his representation and now one Eswarachari and Bhuvaneswaraiah are in possession of the lands in Sy.No.36/2 to an extent of Ac.0-40 cents and Sy.No.36/3 to an extent of Ac.1-01 cents, but did not depute any Surveyor. The third respondent also personally visited the land of the petitioner and no one removed the graves and tried to cover the wells as alleged by the petitioner. The neighbouring owners of the above land were enquired and they stated that the petitioner is no way concerned with the lands mentioned in the representation. Therefore, no action was taken. 5. Under the above circumstances, the writ petition is devoid of merits and liable to be set aside. 6. Accordingly, the writ petition is dismissed. No order as to costs. _____________ C.V. RAMULU, J Date: 27-09-2010 YCR