Back
R. MAHADEVAN, G. JAYACHANDRAN, MOHAMMED SHAFFIQ
Jagadheeswari – Appellant
Versus
B. Babu Naidu – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 28.04.2023 passed by the learned Single Judge in W.P.No.10908 of 2023.)
Dr. G. Jayachandran, J.
“Whether, under the Rules of 1999, the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village?”
Is the order of reference for which this Full Bench is constituted.
2. For answering the order of reference, the genesis of the dispute needs to be understood. Hence, the same is narrated in a nutshell.
Thiru.Narashimmulu Naidu, a resident of Vijayamambapuram, Nochili Village, Pallipet Taluk, Tiruvallur District died at Chennai on 01.04.2023. On the next day, he was buried in his village which is in a portion of the land comprised in S.F.No.201/3. The said land is classified as ''Dry Land'' as per the revenue records. It stands in the name of one Ramesh Naidu, S/o.Chengalvaraya Naidu vide Patta No. 119. The said Ramesh Naidu died 10 years ago and his wife Shantha and two sons are residing in Chittor, State of Andhra Pradesh.
3. W.P. No.10908 of 2023 was filed by one B.Babu Naidu, who claims to be the neighbourin
The central legal point established in the judgment is that the conditions and restrictions for burying a body, as outlined in Rule 7 of the Tamil Nadu Village Panchayats (Provision of Burial and Bur....
A burial site requires a license from the Village Panchayat, and procedural lapses in reclassification of land as a burial ground render such actions invalid.
The establishment of crematoriums must adhere to distance regulations as outlined in the Tamil Nadu Village Panchayats Rules, 1999.
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
The court affirmed the right to burial in accordance with religious customs, emphasizing the need for designated burial grounds for minority communities to prevent discrimination.
The Court upholds adherence to statutory provisions for land usage and licensing relating to burial grounds.
Point of Law : Word and expression 'person' in Article 21 of Constitution includes a dead person in a limited sense and right to life with dignity should be extended in such a manner that his dead bo....
Reclassification of land as a burial ground must follow legal procedures, including obtaining a license and allowing for community objections; failure to do so invalidates the administrative decision....
Unauthorized burials in non-designated lands violate rules; must exhume at cost and rebury in notified Mayanam.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
