O R D E R

Heard Mr. S.Prem Auxilian Raj, Learned Counsel for the Petitioners, Mr. R.Ramanlal, Learned Additional Advocate General assisted by Mrs. P.T.Ramadevi, Learned Standing Counsel appearing for the First Respondent and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Second to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. Since the Original Petitioner, viz., Rajarajeswari Dhanesh, died on 13.05.2021 after the filing of the Writ Petition, her legal representatives, viz., C.S.Dhanesh, Sangeetha Vishnu Prasad and Mrinalini Dhanesh, have been substituted as the Petitioners in the Writ Petition in her place by order dated

19.09.2023 in W.M.P. No. 66 of 2022 passed by this Court.

3. It is the case of the Original Petitioner that the lands measuring an extent of 0.30 ares in Survey No. 2/15 and an extent of 0.7.50 ares in Survey No. 2/19A situated at Nainar Kuppam, Raja Street, Uthandi, Chennai – 600119 (hereinafter referred to as 'the property' for short), belonged to her father, viz., V.V.Venkatasubramanian, and on his demise on 05.03.2013, it had devolved upon the Original Petitioner and the Fifth Respondent, who are his daughter and son respectively. As the said property was unauthorizedly used for cremation and burial of corpses by the local villagers, the Original Petitioner had made a representation dated 19.02.2021 to the First to Fourth Respondents to remove the illegal cremation shed/burial ground in the property, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

4. The First to Fourth Respondents resist the contention of the Petitioners by pointing out that the father of the Original Petitioner, viz., V.V.Venkatasubramanian, had orally permitted for the cremation and burial of corpses in the property and the Petitioners, who claim title through him, are estopped from seeking to prevent the same at this distance of time.

5. Before proceeding further, it requires to be noticed that the location of the property was initially within the limits of Uthandi Panchayat and it was subsequently merged with the Corporation of Greater Chennai by G.O. Ms. No. 97, Municipal Administration and Water Supply Department dated 19.07.2011 issued by the Government of Tamil Nadu. In other words, the property had been governed by the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as 'the Panchayats Act' for short), and the Rules made thereunder till its inclusion within the limits of the Corporation of Greater Chennai, when the provisions of Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as 'the CCMC Act' for short), became applicable and has thereafter been superseded with effect from 13.04.2023 by the Tamil Nadu Urban and Local Bodies Act, 1998 (hereinafter referred to as 'the TNULB Act' for short).

6. It would be relevant here to highlight that Section 110 of the Panchayats Act mandates that subject to the provisions of that Act and the Rules made thereunder, it shall be the duty of the Village Panchayat, within the limits of its funds, to make reasonable provision for carrying out its requirements in respect of the following matters:-

(f) the opening and maintenance of burial and burning grounds.

Section 242(xxxi) of the Panchayats Act confers power on the Government to make rules:-

as to the provision of burial and burning grounds; the licencing of private burial and burning grounds; the regulation of the use of all grounds so provided or licenced, the closing of any such grounds; and the prohibition of the disposal of corpses except in such grounds or other permitted places.

In the exercise of the said powers, the Government of Tamil Nadu by G.O. Ms. No. 213, Rural Development (C-4) dated 05.10.1999 has made the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, and the relevant provisions read as follows:-

4. Registration of burial and burning grounds