Writ petition challenging location of proposed gas-based crematorium near a waterbody was dismissed. Court held crematoriums should be near waterbodies for attendees to perform religious bathing rituals after last rites.
Petition dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.25233 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.25233 of 2022
G.Arivazhagan
.. Petitioner
-vs-
..Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus directing the respondents to
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take action on the petitioner/Village people's various representations including representation dated 22.08.2022 by considering the issue in a larger public interest including to choose alternative place at Kanjamalai in Nallavampatti area comprised in Survey No.705 suggested by the people of that area to set up modern gas based cremation grounds in lieu of the present place chosen at Chinna Eri Saththampalayam in Survey No.291/2.
For Petitioner : Mr.R.Sethu Pandian For Respondents : Mrs.R.Anitha Spl.G.P. for RR 1, 2, 4 & 5 : Mr.L.P.Maurya for R-3
ORDER
(Order of the Court was made by The Hon'ble Acting Chief Justice)
G.Arivazhagan has come to this Court for issuance of writ of mandamus directing the respondents to take action on the petitioner and village people's various representations including the one dated 22.08.2022 by considering the issue in a larger public interest including to choose alternative place at Kanjamalai in Nallavampatti
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area comprised in Survey No.705 suggested by the people of that area to set up modern gas based cremation grounds in lieu of the present place chosen at Chinna Eri, Saththampalayam in Survey No.291/2.
W.P.No.25233 of 2022
going to be set up falls in Survey No.291/2, produced the 'A' Register to show that S.No.291/2 is shown as 'Mayanam' (burial ground). Therefore, a perusal of the 'A' Register filed in support of the counteraffidavit of the third respondent would show that the land in S.No.291/2 is not a waterbody and it is a burial ground. The 'Chinna Eri' is located in S.No.292/1.
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the places, the grave yards/crematoriums are all located only nearer to the waterbody to enable the people attending the last rites to take bath immediately before going home. Therefore, the argument advanced by the learned counsel for the petitioner that the crematorium should not be located in the said survey number as it is nearer to the waterbody is unacceptable.
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bath and wash their clothes, before going back home.
Accordingly, the writ petition fails and the same is dismissed. No
costs.
(T.R., ACJ.) (D.K.K, J.) 17.10.2022
Speaking/Non-speaking order
Index : Yes / No
sra
To
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W.P.No.25233 of 2022
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W.P.No.25233 of 2022
T.Raja, ACJ. and D.Krishnakumar, J.
(sra)
W.P.No.25233 of 2022
17.10.2022
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2 issues framed by the court
Whether the High Court should direct the municipality to relocate the proposed crematorium away from a nearby waterbody based on petitioner's representations.
Whether the proximity of a crematorium and bathing waterbody violates public convenience given religious customs requiring post-ritual bathing.
1 provisions across 1 enactments
G. Arivazhagan
The Secretary to Government, Municipal Administration Department
The Commissioner for Municipal Administration, Chennai
The Commissioner, Edanganasalai Municipality
The Revenue Divisional Officer, Sankagiri
The Tahsildar, Sankagiri
T. Raja
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
