THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.9370 of 2011 Dated 23rd August, 2011 Between: G.V.Somasekhar Naidu and another …Petitioners And The Commissioner, Punganur Municipality, Chittoor District and others …Respondents Counsel for the petitioner: Sri Gade Venkateswara Rao Counsel for respondent No.1: Sri K.R.Sashidaran Nair For Sri Palle Nageswara Rao Counsel for respondent No.2: AGP for Revenue The Court made the following: ORDER: Notice on respondent No.4 has been returned unserved with the endorsement ‘refused’. Hence, there is deemed service of notice on respondent No.4. This writ petition is filed for a mandamus to declare the action of respondent Nos.1 to 3 in not taking appropriate action for exhuming corpse of the husband of respondent No.4 from the petitioners’ land admeasuring 580.8 sq.yards in Survey No.102-12 of North of 27th Block Road, Punganur Town, Chittoor District as illegal and arbitrary. The petitioners have purchased the above-mentioned land from its owner on 20.10.2010. They alleged that on 19.03.2011 at about 4.30 pm, respondent No.4 and her followers brought the corpse of her husband, T.Muneppa, and buried in the land belonging to the petitioners. Even though the petitioners have caused a legal notice issued on 19.03.2011 to respondent Nos.1 and 3, no action has been taken thereon. Hence, the petitioners filed the present writ petition. Respondent Nos.1 and 2 have filed separate counter affidavits. In the counter affidavit filed by respondent No.1, it is inter alia stated that even though the petitioners are the owners of the land in Survey No.102/12, the adjacent land admeasuring Ac.0.94 cents is being used for burying the dead bodies and that even in the petitioners’ land, there are two tombs. A similar counter affidavit is filed by respondent No.2. From the averments contained in both the counter affidavits, it is evident that the petitioners are the owners of the land in Survey No.102/12, which is a private land. Ordinarily, it is the responsibility of respondent Nos.1 and 2 to ensure that proper demarcation of the private land with the neighbouring land being used as burial ground is made to ensure that the residents of the place do not use the private land as burial ground. Inasmuch as burial has already taken place, I am not inclined to issue a mandamus for its removal at this length of time. However, respondent Nos.1 and 2 are directed to ensure that proper demarcation of the land being used as burial ground in Survey No.102/12 is made so that people of the area will not use the petitioners’ land as burial ground in future. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.11608 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 23rd August, 2011 VGB