In a writ petition, the Madurai Bench of the Madras High Court directed the respondents to facilitate the exhumation of a corpse illegally buried on the petitioner's land, as it was not a licensed burial ground under state rules.
The 8th respondent is directed to facilitate exhumation; respondents 5 & 6 to provide protection for exhumation.
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(MD)No.2576 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.2576 of 2023
M.Ramesh ... Petitioner
Vs.
W.P(MD)No.2576 of 2023
7.The Panchayat President, Arasamalai Village Panchayat, Ponnamaravathi Taluk, Pudukkottai District.
9.Vallikannu ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1, 4 & 7 to take appropriate steps to exhume the dead body of Mr.Chinniah, the husband of the 8th respondent illegally buried in the patta lands of the petitioner in Survey No.99/2A of an extent of 43 cents in Arasamalai Village, Ponnamaravthi Taluk, Pudukkottai District and further take appropriate legal action against the respondents 8 & 9 for their illegal act.
For Petitioner : Mr.M.Karthikeyavenkitachalapathy
For Respondents : Mr.M.M.Lingadurai Special Government Pleader for R1 & R4 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R2, R3, R5 & R6 : Mr.N.Marimuthu for R8 : No appearance for R7
ORDER
Heard the learned counsel on either side.
private respondents on the other in respect of the petition mentioned land.
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Index : Yes / No Internet : Yes/ No rmi
To
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Annavasal Police Station, Pudukkottai District.
G.R.SWAMINATHAN, J.
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rmi
W.P(MD)No.2576 of 2023
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3 issues framed by the court
Whether the 8th respondent was justified in burying the dead body in the petitioner's land.
Directions regarding the exhumation of the body buried in non-licensed land.
Whether police protection is necessary for the petitioner to remove the body.
2 provisions across 2 enactments
M.Ramesh
District Collector, Pudukkottai District
Superintendent of Police, Pudukkottai District
Deputy Superintendent of Police, Ponnamaravathi
Revenue Divisional Officer, Illupur Division
Inspector of Police, Annavasal Police Station
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
