Disposed

Metro City House Owners Welfare v. the District Collector

Madras HC22 Mar 2024WP/6787/2024

Case brief

AI extract

What is this about?

A residents' welfare association sought mandamus to stop unlicensed burial and cremation of corpses near Metro City, Banaveduthottam Village Panchayat. The Court held registration/licensing under the 1999 Rules mandatory, relied on a Full Bench ruling, and directed respondents to ensure licensing, pollution compliance, and action against contraventions.

What did the court decide?

Writ petition disposed with directions: respondents to ensure licence/registration under the 1999 Rules, compliance with Air Act pollution measures, and prompt action against illegal burials/cremation

Metro City House Owners Welfare Vs the District… — Environment and Pollution | Madras HC (2024)

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W.P. No. 6787 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.03.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. No. 6787 of 2024 and

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W.M.P. No. 7560 of 2024

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Metro City House Owners Welfare Association Poonamallee (Reg. No. SRG/Thiruvalur/8/2023) No. 192 SPE, Pidarithangal Panavedutthottam, Poonamallee Tiruvallur - 600056

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Rep. by its Executive Committee Member S.Magesh

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… Petitioner

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-vs-

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The District Collector First Floor, Collectorate Tiruvallur - 602001.

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The Assistant Director Panchayat Poonamallee Tiruvallur - 602001.

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The Block Development Officer No. 332+22R, Ettima Nagar Poonamallee Tiruallur - 600056.

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The Village Panchayat President Panchayat Office Pidarithangal, Banaveduthottam Village Poonamallee Taluk Tiruvallur - 600056.

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... Respondents

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W.P. No. 6787 of 2024

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second to Fourth Respondents to take immediate and appropriate action to prevent the illegal burning or burial of corpses in and around Metro City in Banaveduthottam Village Panchayat except burial or cremation ground designated /licensed/ or registered under the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999 and to ensure the effective implementation of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999 based on the representation of the Petitioner Association dated 26.09.2023 within a time frame fixed by the Court.

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For Petitioner : Mr. C.Rajaguru For Respondents : Mr. P.Ganesan, ` Additional Government Pleader (for R1 & R2) Mr. A.M.Ayyadurai (for R3 & R4)

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O R D E R

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Heard Mr. C.Rajaguru, Learned Counsel for the Petitioner,

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Mr. P.Ganesan, Learned Additional Government Pleader who takes notice for

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the First and Second Respondents and Mr. A.M.Ayyadurai, Learned Counsel who takes notice for the Third and Fourth Respondents and perused the

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materials placed on record, apart from the pleadings of the parties.

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W.P. No. 6787 of 2024

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The Petitioner, viz. Metro City House Owners Welfare Association Poonamallee, is a Society registered under the Tamil Nadu Societies Registration Act, 1975, espousing the case of the residents in the locality named as 'Metro City' in Banaveduthottam Village Panchayat, Poonamallee Block, Tiruvallur District, who are said to be its members. The grievance ventilated by the Petitioner is that though there is a common burial and cremation ground, which has been duly registered with licence granted by the concerned authority under the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds Rules), 1999 (hereinafter referred to as 'the Rules' for short), in that locality, cremation of dead bodies is taking place in another private land adjacent to the common pathway without requisite licence and registration under the said Rules. According to the Petitioner, it has not been possible to identify the land owner or take any effective action against the errant wrongdoers. In that backdrop, the Petitioner had made a representation dated 26.09.2023 to the Respondents to prevent illegal cremation and burial of dead bodies in and around Metro City in Banaveduthottam Village Panchayat except in accordance with the Rules, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

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W.P. No. 6787 of 2024

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Learned Counsel appearing for the Third Respondent has brought to

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notice that the Third Respondent has conducted enquiry into the matter on receipt of the aforesaid representation made by the Petitioner and a letter dated 12.12.2023 has been sent by the Third Respondent to the Inspector of Police, T- 12, Poonamallee Police Station, Chennai – 600 056 in this regard, which reads as follows:-

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“ehd; nkw;go Cuhl;rpapy; Cuhl;rp kd;w jiytuhf ,Uf;fpd;nwd;/

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nkYk; ehd; ,nj gFjpapy; trpf;fpd;nwd;/ ehd; trpf;Fk; gFjpf;F mUfhkikapy; cs;s gplhhpj;jh';fy; bkl;nuh rpl;o tPl;L chpikahsh;fs; r';fk; rhh;ghf j';fSf;F mDg;gpapUe;j g[fhhpd; bgahpy; vd;ida[k; mth;fisa[k; fhty; epiyak; miHj;J tprhuiz bra;jPh;fs;/ mth;fs; mDg;gpapUe;j g[fhhpy; Fwpg;gpl;Ls;sJ nghy nkw;go bkl;nuh rpl;o FoapUg;g[ mUfhikapy; cs;s ,lj;jpy; ,we;J nghd cly;fis vhpa[l;lt[k; mlf;fk; bra;tJk; nghd;w fhhpa';fis

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bra;J tUfpd;wdh;/ mt;thW bra;a[k; egh;fis miHj;J mUfhikapy; rkj;Jt kahdk; cs;sJ/ Mfnt ,dptUk; fhy';fpy; mjw;fhf xJf;fg;gl;l rkj;Jt kahdj;jpy; nkw;go fhhpa';fis

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bra;a[khW me;j FLk;gj;jpy; K:j;jtuhd jpU/ khzpf;fk; mth;fspd;

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Fkhuuhd jpU/ M.nfhgp vd;fpw re;jpunrfh; mth;fsplk;

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bjhptpj;Jtpl;nld;/ ,jd; rk;ke;jkhf fhty;epiya mjpfhhpahfpa

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j';fs; Twpa tptu';fis bjhpe;J bfhz;nld; vd;gij bjhptpj;Jf;

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bfhs;fpnwd;/”

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At this juncture, it must be noticed that Section 110 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as 'the Act' for short), 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 the requirements of the Panchayat Village in respect of the following matters:-

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

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

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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.

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In the exercise of the said powers, the Government of Tamil Nadu by G.O. Ms.

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No. 213, Rural Development (C-4), dated 05.10.1999 has made the Tamil Nadu https://www.mhc.tn.gov.in/judis

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Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, and the relevant provisions read as follows:-

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4. Registration of burial and burning grounds.- (1) Every owner or other person having the control over any place used as a place for burying or burning of the dead shall, if such place is not already registered under the Act or any other Act, apply to the Village Panchayat to have such place registered.

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(2) If it appears to the Village Panchayat that there is no owner or person having the control of such place, the Village Panchayat shall assume such control and register such place or may, with the sanction of the Assistant Director (Panchayats) close it.

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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.

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(2) Such application for a licence shall be accompanied by the plan of the place for which licence is required showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Village Panchayat may require. (3) The Village Panchayat to which an application is made may(a) grant or, if there is valid reason to be recorded in writing, refuse to grant a licence, or (b) postpone the grant of a licence until the objection, if any to the site has been cleared or any particulars called for by it have been furnished. (4) The Assistant Director (Panchayats) may cancel or modify any order passed by a Panchayat under sub-rule (3): Provided that no order either on application or suo motu prejudicial to the appellant shall be passed without giving reasonable opportunity of being heard to the appellant under this sub-rule or sub-rule (3).

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6. Registers to be maintained.-(1) A Register shall be
maintained at the office of every Village Panchayat showing
places provided, registered or licenced under Rules 3 to 5 and
all such places provided, registered or licenced before the
commencement of the Act which are used as burial or burning grounds.
(2) A notice in Tamil and in English that such place has been
provided, registered or licenced as aforesaid shall be displayed
on some conspicuous place at or near the entrance to the burial
or burning ground.
7. Place for burial and burning grounds.-(1) No person shall
bury or burn or cause to be buried or burnt any corpse in any
place within ninety metres of a dwelling place or source of
drinking water-supply other than a place licenced as a burial and burning ground.
(2) The person having control of a place for burying or
burning the dead shall give information of every burial or
burning of a corpse at such a place to any officer appointed by
the Village Panchayat for this purpose.

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(3) If a Village Panchayat is satisfied-

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(a) that any registered or licenced place burying or burning of the dead is in such a state or situation as to be or likely to become dangerous to the health of persons living in the neighbourhood thereof ; or (b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground, another convenient place duly authorised for burying or burning of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may with the previous sanction of the Assistant Director (Panchayats) give notice that it shall be not lawful after the expiry of a period of not less than two months to be specified such notice to bury or burn any corpse at such place.

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(4) Every notice given under sub-rule (3) shall be published by affixture to the notice board of the Village Panchayat and by beat of drum in the village.

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(5) No person shall in contravention of any notice under subrule (3) and after expiration of the period specified in such notice bury or burn or cause or permit to be buried or burnt any corpse at such place. (6) The Inspector may cancel or modify any notice issued by a Village Panchayat under sub-rule (3). (7) Whoever contravenes any of the provisions of these Rules shall be punishable with fine which may extend to one hundred rupees or in case of a continuing breach, with fine not exceeding fifteen rupees for every day during which the breach continues after conviction of the first breach : Provided that no prosecution shall be instituted for contravening the provisions of sub-rule (1) of Rule 7 without the written sanction of the Executive Authority of the Village Panchayat, concerned.

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It is mandatory from the said provisions that the place where any corpse is buried, burnt or otherwise disposed, even if it has been in existence for such use earlier, has to be registered or licensed in the prescribed manner after the Rules came into force on 05.10.1999, which view is fortified by the ruling of the Full Bench of this Court in Jagadheeswari -vs- B.Babu Naidu (Order dated 20.07.2023 in W.A. Nos. 909 and 910 of 2014). Though the Petitioner has

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expressed inability to identify the owner of that property and the errant wrongdoers, it is not the case of the Respondents that the said place has the requisite licence or registration under the Rules.

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In view of the foregoing discussion, the following order is passed:-

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(i) it shall be incumbent upon the Respondents to ensure that the requisite licence or registration under the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999, for using the objected place as burial ground or burning of corpses, has been obtained on fulfilling the stipulated conditions.

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(ii) in the event of using the said land as burial ground or crematoria, the air pollution control measures provided for the emission generated during burning of human corpses under the Air (Prevention and Control of Pollution) Act, 1981, and the order and rules made thereunder shall be duly complied and necessary certificate in that regard shall have to be obtained from the pollution control authorities under those statutory provisions;

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(iii) though there is no dispute that the property, which has been hitherto used for cremation belongs to certain private individuals, their right to continue to do so cannot be permitted without following the relevant

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statutory provisions; and

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(iv) if any burial or cremation takes place in contravention of the Rules, the Respondents and concerned authorities shall take prompt action to prevent such violations, apart from taking appropriate proceedings against the concerned persons as provided in law.

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In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

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22.03.2024

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Index: Yes/No NCC: Yes/No

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Note: Issue order copy by 24.04.2024.

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Maya

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