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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, G.ARUL MURUGAN
Murugammal – Appellant
Versus
State of Tamil Nadu Rep. by its Chief Secretary Fort St. George – Respondent
| Table of Content |
|---|
| 1. challenge to crematorium establishment due to distance regulations. (Para 1 , 2) |
| 2. interpretation of burial grounds regulations and the necessity for licensing. (Para 3 , 4) |
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,
The establishment of crematoriums must adhere to distance regulations as outlined in the Tamil Nadu Village Panchayats Rules, 1999.
The Court upholds adherence to statutory provisions for land usage and licensing relating to burial grounds.
The critical date for assessing distance restrictions for cemetery establishment is the application date, not the date of sanction.
The court emphasized the necessity for compliance with statutory regulations regarding burials, reaffirming that unauthorized disturbances of burial grounds are unlawful.
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.
Court ruling necessitates an examination of cemetery establishment in relation to land usage regulations under patta conditions.
Under the Kerala Panchayat Raj Act, 1994 or under the Kerala Panchayat Raj (Burial and Burning Grounds) Rules,1998, there is no prohibition from constructing a private cemetery or a tomb, but the req....
Proper licensing is mandatory for the establishment of burial grounds; unauthorized usage violates statutory requirements, necessitating adherence to procedural norms.
A burial ground license issued in violation of statutory provisions is arbitrary, as only one burial ground is permissible per zone, which must comply with established rules.
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