The establishment of crematoriums must adhere to distance regulations as outlined in the Tamil Nadu Village Panchayats Rules, 1999.

ORDER :

MANINDRA MOHAN SHRIVASTAVA, CJ.

The only ground raised to challenge the establishment of crematorium by private respondent is that it violates Rule 7 , as it could not be established within a prohibited distance of 90 meters.

2. The immediate response to this from respondent side is that this issue is no longer res integra and stands concluded by the Full Bench judgment of this Court in the case of Jagadheeswari v. B.Babu Naidu [2023 SCC Online Mad 4773]

3. Rule 5 of the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, which provides for grant of permission, reads as under:

“5.Conditions for opening of burial and burning ground.

(1) No new place for burying or burning the dead, whether private 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.”

4. Rule 7 of the Rules reads as under:

“7. Place for burial and burning grounds.

(1) No person shall bury or cause to be buried or burnt any corpse in any place within ninety metres of a dwelling place or source of drinking water-supply other than a place licenced as a burial and burning ground.

(2) The person having control of a place for burying or burning the dead shall give information of every burial or burning of a corpse at such a place to any officer appointed by the Village Panchayat for this purpose.

(3) If a Village Panchayat is satisfied-(a) that any registered or licenced place burying or burning of the dead is in such a state or situation as to be or likely to become dangerous to the health of persons living in the neighbourhood thereof; or

(b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground, another convenient place duly authorised for burying or burning of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may with the previous sanction of the Assistant Director (Panchayats) give notice that it shall be not lawful after the expiry of a period of not less than two months to be specified such notice to bury or burn any corpse at such place.

(4) Every notice given under sub-rule (3) shall be published by affixture to the notice board of the Village Panchayat and by beat of drum in the village.

(5) No person shall in contravention of any notice under sub-rule (3) and after expiration of the period specified in such notice bury or burn or cause or permit to be buried or burnt any corpse at such place.

(6) The Inspector may cancel or modify any notice issued by a Village Panchayat under sub-rule (3).

(7) Whoever contravenes any of the provisions of these Rules shall be punishable with fine which may extend to one hundred rupees or in case of a continuing breach, with fine not exceeding fifteen rupees for every day during which the breach continues after conviction of the first breach:

Provided that no prosecution shall be instituted for contravening the provisions of sub-rule (1) of Rule 7 without the written sanction of the Executive Authority of the Village Panchayat, concerned.”

8. The Full Bench of this Court, in the case of Jagadheeswari (supra), had an occasion to interpret the Scheme of the Rules and the interplay between Rules 5 and 7, and it was observed as below:

“30. In Mathew vs. State of Kerala reported in 2022 SCC Online Kerala 1142, burial of body in a non-designated place came to be tested in the light of the Rules framed by the Kerala Government