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.

ORDER :

G.K. Ilanthiraiyan, J.

This Writ Petition has been filed for a direction, directing the respondents to consider the Petitioner’s representation, dated 14.8.2009 and remainder dated 27.1.2020 within the time frame fixed by this Court and consequently to direct the respondents to exhume the burried dead body buried in S.No.29/1B in Nangaimozhi Village, Thiruchendur Taluk, Tuticorin District and bury it in the burial ground.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. On a perusal of the representation submitted by the Petitioner reveal that a dead body was burried near the Petitioner’s house instead of the place meant for burial. Even according to the Petitioner, the dead body was burried in the year 2009. After a period of 16 yeas, the representation submitted by the Petitioner to exhume the body to burry in the burial ground cannot be considered, since there should not be any corpse of the dead body.

4. However, the learned Additional Government Pleader, on instructions, submitted that in the year 20-09, there was heavy rain and as such, the entire burial ground was filled up with water. Therefore one of the dead body was burried in the Government Poramboke land situated adjacent to the Petitioner’s house. Now there should not be any burial except in the burial ground.

5. This Court, dealt with the similar matter in the Principal Bench and the relevant portion of the order reads as under:

6. Admittedly the petitioners own their patta lands adjacent to the subject property. They constructed their respective houses and are residing there. That apart, in the subject property, there is a Muniappan temple and a drinking water well for the villagers. The subject land is admeasuring 0.30.0 hectares (75 cents) and it is classified as Government poramboke-well. During covid pandemic circumstances, some bodieswere buried in the subject property. It was not objected by the villagers due to lockdown. Further, there is no record to show that the subject land has been used as burial ground for the past. Even as per the report of the District Revenue Officer of Salem, in the subject land, there is a Muniappan temple and it is classified as Government poramboke-well.On the request made by the SC Arunthathiyar community people, part of the subject land was reclassified as burial ground to an extent of 0.12.0 hectares. In fact, the petitioners submitted representation to take appropriate action for illegal burial in the subject land as early as on 23.01.2023. It was duly received by the respondents. There was no action and as such, the petitioner was constrained to file writ petition in WP.No.3340 of 2024. One of the contentions raised by the petitioner is 13/22 that the subject land is never used for burial ground and it is not licensed to bury the body as contemplated under Rules 5 & 7 of Tamilnadu Village Panchayats (Provision of Burial and Burning Grounds) Rules,1999. It is relevant to extract the same hereunder:

5. Conditions for opening of burial and burning ground.

(1) No new place for burying or burning the dead, whetherprivate or public, shall be opened, formed, constructed or used, unless a licence has been obtained from the Village Panchayat on application.

(2) Such application for a licence shall be accompanied by the plan of the place for which licence is required showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Village Panchayat may require.

(3) The Village Panchayat to which an application is made may-

(a) grant or, if there is valid reason to be recorded in writing, refuse to grant a licence, or

(b) postpone the grant of a licence until the objection, if any to the site has been cleared or any particulars called for by it have been furnished.

(4) The Assistant Director (Panchayats) may cancel or modify any order passed by a Panchayat under sub-r