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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.Maria Clete, S.M.Subramaniam
R.Lakshmikanthan – Appellant
Versus
District Collector, Thanjavur – Respondent
| Table of Content |
|---|
| 1. writ petition seeks relocation of burial ground. (Para 1) |
| 2. petitioner claims inconvenience from burial ground. (Para 2 , 3) |
| 3. court finds no inconvenience from burial ground. (Para 4) |
| 4. writ petition dismissed with no costs. (Para 5) |
ORDER :
S.M.SUBRAMANIAM, J.
The writ on hand has been instituted to direct the respondents to take immediate steps to shift the graveyard/cremation ground situated adjacent to the public road running from Saakottai to Krishnapuram, located in the lands owned Annalagraharam Grama Panchayat to a suitable alternative location that does not endanger public peace, health or safety.
2.Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents submitted that two Villagers are using the said burial ground for the burial of dead bodies.
3.The contention of the petitioner is that the burial ground is located close to the road and is causing inconvenience to the road users.
4.However, such a contention is unacceptable. According to the learned Government Pleader, the burial ground is not causing any inconvenience to the residents of the locality. That being the case, the relief sought for by the pet
The court upheld that the mere proximity of a burial ground to a public road does not warrant relocation unless there is proven inconvenience to the public.
The right to life guaranteed under Article 21 of the Constitution of India includes the right to dignity and respect, which extends to a person's dead body.
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.
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
Mandamus issued to prevent burial on Vandipadhai land; authorities directed to provide alternative burial ground.
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
The respondents are mandated under the Telangana Panchayat Raj Act to prevent unauthorized burial or cremation on private lands, affirming the importance of designated burial sites.
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