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This Writ Petition has been filed seeking a direction to forbear the respondents from any construction converting or changing the burial ground comprised in Paimash No.442/3 measuring 0.91 cents situated at Batmedu (Rifle Ground), Ayanavaram Village, Ward No.62, Chennai Corporation, Chennai into park.

2. The case of the petitioner is that the petitioner is the President of Veera Saiva Jangama Sangam and their families were residing at Ayanavaram Village. The petitioner sangam's families are having equal rights in the Shotreum lands consisting of Prasanna Vigneswarar Temple and two small temples and burial ground in the property. The said lands were administered by the Trustees of the said family members. The temple trustees were also trustees to the shotreum burial ground etc. more than http://www.judis.nic.in 150 years and they are enjoying the properties of the shortreum village continuously by hereditary till the filing of Writ Petition. The further case of the petitioner is that originally, the State Saiva Jangama Raja Community has got own big burial ground in Paimash Nos.940 and 941 in between Villivakkam and loco works station of the Southern Railway. In the year 1903, Southern Railways first taken over the land around 2.5 acres in Paimash No.940 for its railway expansion project. Thereafter, the land in Paimash No.941 about 2.32 acres was remained as burial ground for the petitioners' community and they are enjoying the said lands as burial ground. In the year 1929, for further expansion, the Southern Railway again taken over the remaining patta land of 2.32 acres burial ground in Paimash No.941 under the Land Acquisition Act and passed an award on 25.06.1979 in favour of Shotreum Ayanavaram Village and the petitioner sangam has made a request for providing alternative site for burial ground. Accordingly, the then Revenue Divisional Officer, Saidapet allotted and returned the acquired alternative site to an extent of 0.91 cents in Paimash No.442/3 at Batmedu (Rifle Range) for petitioners community burial ground, which is in Block No.73 as per the Chengelpet Court Plan dated 03.01.1939. While being so, http://www.judis.nic.in some of the persons trying to encroach the property and the said encroachment was reported to the Chennai Corporation. Thereafter, the Corporation sent a reply dated 25.10.1980 stating that since it is a private burial ground belong to the petitioners' community, the Corporation has nothing to do in that regard and thereafter, the petitioner sangam has sought for police protection for removal of encroachment. While being so, the respondents corporation trying to construct the building therein as if the burial ground belong to entire community people. Against, which, the petitioner sangam has made objection, but without considering their objections, the Corporation proceeding with the construction as if the land belongs to the Corporation. Aggrieved by the said action, the petitioner has made a representation dated 22.10.2009 and as against the inaction, the present Writ Petition has been filed.