Disposed

Venkatesh v. The Principal Secretary

Madras HC22 Jul 2021WP/15001/2021

Case brief

AI extract

What is this about?

The High Court held that the right to life includes the right to decent burial. It directed the District Collector to consider the petitioner's representation within eight weeks, providing a hearing opportunity to affected parties before issuing a reasoned order.

What did the court decide?

Direction to the District Collector to consider the representation and pass a reasoned order within eight weeks after providing an opportunity of hearing.

Venkatesh Vs The Principal Secretary — Constitutional and Fundamental Rights | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 22.07.2021

¶3

CORAM :

¶4

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

¶5

AND

¶6

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.No.15001 of 2021

Venkatesan

...Petitioner

-vs-

1 The Principal Secretary Adi -Dravidar and Tribal Welfare Department Fort St.George chennai-600 009

¶12

2 The District collector Cuddalore District Cuddalore 607 001

¶13

3 The Superintendent of Police Cuddalore District Cuddalore-607 001

¶14

4 The Revenue Divisional officer Virudhachalam Taluk Cuddalore District

¶15

5 The Tahsildar Thittakudi Taluk Cuddalore District

¶16

6 The Inspector of police Veppur police station Cuddalore District

¶17

7 Anbalagan

¶18

8 Kaathalingam Naidu

¶19

9 Chakkaravarthy

¶20

10 Natarajan

¶21

11 Velayutham

¶22

12 Radha

¶23

...Respondents

¶24

https://hcservices.ecourts.gov.in/hcservices/

¶25

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 6 to take appropriate action to allot small portion of land in the corner of the common burial ground situated in Survey Nos.80, 79/11, 82 in Madhuravalli village for burying our people based on the representation of the petitioner dated 1.3.2021.

¶26

For Petitioner : Mr.D.Ashok Kumar

¶27

ORDER

¶28

(Made by Senthilkumar Ramamoorthy, J.)

¶29

The petitioner complains of the failure of the official respondents to provide for a burial ground or area for cremation of the dead belonging to the petitioner's community at Madhuravalli Village, Thittakudi Taluk, Cuddalore District.

¶30

The petitioner states that there is a common burial ground in Madhuravalli village at S.Nos.80, 79/11 and 82. Except persons belonging to the petitioner's community, all other communities are being permitted to bury their dead at the said burial ground. As a consequence, it is stated that members of the petitioner's community are being put to great hardship inasmuch as they are constrained to bury their dead at an adjacent waterbody.

¶31

In the circumstances, the petitioner states that multiple representations were submitted to the official respondents but that no action has been taken thereon. The petitioner further states that the existing burial ground admeasures more than 128 cents, and therefore a request was made to the official respondents to allot a small portion of land in the said survey numbers for use by members of the petitioner's community.

¶32

Ms.Amritha Ponkodi Dinakaran, learned counsel for the State, accepts notice on behalf of respondents 1 to 6 and submits that the District Collector is the appropriate authority to consider and dispose of the petitioner's representation.

¶33

The right to life also encompasses the right to a decent burial or cremation. Consequently, the State is clearly under an obligation to ensure that members of all communities are provided access to burial/ cremation facilities.

¶34

https://hcservices.ecourts.gov.in/hcservices/

¶35

Accordingly, the second respondent herein is directed to

¶36

consider the representation dated 01.03.2021, which has been submitted on behalf of all members of the petitioner's community and dispose of the same by a reasoned order after taking into account the observations set out above. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of a copy of this order after providing a reasonable opportunity of hearing to the petitioner and to all others affected thereby.

¶37

W.P.No.15001 of 2021 is disposed of without any order as to costs.

¶38

Sd/-

¶39

Assistant Registrar(CS)

¶40

//True Copy//

¶41

Sub Assistant Registrar

¶42

sra

¶43

To:

¶44

1 The Principal Secretary Adi -Dravidar and Tribal Welfare Department Fort St.George chennai-600 009

¶45

2 The District collector

¶46

Cuddalore District

¶47

Cuddalore 607 001

¶48

3 The Superintendent of Police Cuddalore District Cuddalore-607 001

¶49

4 The Revenue Divisional officer

¶50

Virudhachalam Taluk Cuddalore District

¶51

5 The Tahsildar Thittakudi Taluk

¶52

Cuddalore District

¶53

https://hcservices.ecourts.gov.in/hcservices/

¶54

6 The Inspector of police Veppur police station Cuddalore District

¶55

+1cc to the Government Pleader, S.R.No.35013

¶56

W.P.No.15001 of 2021

¶57

RSV(CO) SU(28/07/2021)

¶58

https://hcservices.ecourts.gov.in/hcservices/

Venkatesh v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

Venkatesh v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.Vasudevan Vs The Registrar General

Iyarkai Valam Matrum Perumpalla Odai Padukappu Nala Sangam Vs The Secretary to Government

K.Kalaivani Vs The Disciplinary Authority

M/s.Ganga Foundations Pvt. Ltd. Vs State Bank of India

The Authorized Officer Vs The Honble Chief Judicial Magistrate

R.Jayanthi Vs The Authorised Officer