Madras High Court
S.Venkatesh vs The Principal Secretary To Government ... on 2 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P(MD)No.163 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.163 of 2025
and
W.M.P.(MD) Nos.170 and 172 of 2025
S.Venkatesh ... Petitioner
Vs.
1.The Principal Secretary to Government of Tamilnadu,
HR and CE Department,
Fort St. George, Rajaji Salai,
Chennai - 600 009.
2.The District Collector,
Tirunelveli District,
Collectorate, Kokkirakulam,
Tirunelveli - 627 009.
3.The Tahsildar,
Thisayanvilai Taluk,
182, Manna Raja Koil,
3rd Cross Street, Thisayanvilai,
Tamil Nadu - 627 657.
4.The Commissioner,
HR and CE Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 600 034.
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W.P(MD)No.163 of 2025
5.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Government of Tamilnadu,
Arulmigu Subramaniyasamy Temple,
JC Office Campus, Tiruchendur – 628 215.
6.The Superintendent of Police,
High Ground Road,
Palayamkottai, Tirunelveli,
Tamil Nadu - 627 002.
7.The Inspector (Crime),
Thisayanvayal Police Station,
SH 89, Thisayanvilai, Selvamaruthur,
Tamil Nadu - 627 657.
8.The Inspector (Law and Order),
Thisayanvayal Police Station,
SH 89, Thisayanvilai, Selvamaruthur,
Tamil Nadu - 627 657. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to take appropriate action, restraining the villagers of
Vijayachampadu, Ittamozhi, Thisayanvayal and neighbouring villagers
from burying dead bodies in the lands belonging to Arulmigu
Subramania Swamy Temple Trust, Tiruchendur, in Survey Nos.307/4A,
307/4B, 787/1A, 1C, 1D, 1F, 788/1, 2, 4, 5, 7, 8, 9, 10, 12, 15, 16, 17, 19,
21, 23, 24, 25, 789/1, 790/2, 5, 6, 7, 11, 12, 791/1, 2B, 793/1A4, 3, 9, 10,
12, 14, 794/1A, 795/1C, 2, 13, 14, 20, 26, 27, 28, 802 and various other
lands, based on the representation of the petitioner dated 27.11.2024.
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W.P(MD)No.163 of 2025
For Petitioner : Mr.M.Ragul Kousik
For RR1 to 5 : Mr.J.Ashok
Additional Government Pleader
For RR6 to 8 : Mr.T.Senthil Kumar
Additional Government Pleader
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This writ petition has been instituted to direct the respondents to
take appropriate action restraining the villagers of Vijayachampadu,
Ittamozhi, Thisayanvayal and neighbouring villagers from burying dead
bodies in the lands belonging to Arulmigu Subramania Swamy Temple
Trust, Tiruchendur, in Survey Nos.307/4A, 307/4B, 787/1A, 787/1C,
787/1D, 787/1F, 788/1, 788/2, 788/4, 788/5, 788/7, 788/8, 788/9, 788/10,
788/12, 788/15, 788/16, 788/17, 788/19, 788/21, 788/23, 788/24, 788/25,
789/1, 790/2, 790/5, 790/6, 790/7, 790/11, 790/12, 791/1, 791/2B,
793/1A4, 793/3, 793/9, 793/10, 793/12, 793/14, 794/1A, 795/1C, 795/2,
795/13, 795/14, 795/20, 795/26, 795/27, 795/28, 802 and various other
lands, based on the representation of the petitioner dated 27.11.2024.
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2. The petitioner states that temple lands belonging to Arulmighu
Subramaniya Swami Temple have been illegally utilised as burial ground
by the people residing in Vijayachampadu, Ittamozhi and Thisayanvayal
and the surrounding villages. Since the temple lands cannot be used as a
burial ground, the present writ petition has been instituted to prevent
burial of corpses in an illegal manner and more specifically, in violation
of the provisions of the Tamil Nadu Urban Local Bodies Act, 1998.
3. The learned counsel for the petitioner would contend that
admittedly the subject property belongs to the fifth respondent-temple
and the people residing in Vijayachampadu, Ittamozhi and Thisayanvayal
and the surrounding villages are illegally using the temple lands as burial
ground, despite the fact that the temple authorities raised an objection.
4. The learned Additional Government Pleader would submit that
the Revenue Tahsildar, Thisayanvilai, has already addressed a letter to
the Joint Commissioner/Executive Officer of the fifth respondent-temple
on 20.05.2025 to allot some temple lands to the villagers of
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Vijayachampadu, Ittamozhi and Thisayanvayal for the purpose of
utilising the same as burial ground by the people residing in the locality.
The said letter is under consideration of the Hindu Religious and
Charitable Endowments (HR & CE) Department. That apart, the
Revenue Tahsildar has stated that the surrounding area of
Vijayachampadu, Ittamozhi and Thisayanvayal villages in entirety
belonged to the fifth respondent temple and there is no other alternate
Government poramboke land to be allotted to the villagers for the
purpose of granting permission to bury corpse.
5. The learned counsel appearing for the fifth respondent-temple
would strenuously oppose by stating that Government poramboke lands
are very much available in the nearby locality. He has also produced
revenue records to establish that Government poramboke lands and
gramanatham lands are very much available and the same can be utilised
for the purpose of burial of dead bodies.
6. When Government poramboke lands and natham lands are
available, there is no reason to address any letter to the temple authorities
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or the HR & CE Department. Pertinently, the issues relating to usage of
temple land as burial ground is no more res integra.
7. A Division Bench of this Court, in its order dated 25.11.2022 in
W.P.(MD) No.8310 of 2018 has held as follows:
“10.At the same time, it cannot be allowed to
bury dead bodies in the land belonging to the temple.
This court has time and again reiterated that the
lands belonging to the temples are used only for
religious purposes and the activities connected
therein; and that the HR & CE Department is the
custodian of the temples and its properties, and the
authorities should take all effective measures to
safeguard the same from encroachment /
unauthorized occupation. That apart, a duty is cast
on the Commissioner under Section 23 of the HR&CE
Act, to ensure that the temples and endowments are
properly administered and their income is duly
appropriated for the purposes for which they were
founded or exist; and the Joint Commissioners are
clothed with the powers under Sections 78, 79 and 80
to retrieve the temple lands from the encroachers.”
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8. A Full Bench of this Court, in its judgment dated 20.07.2023 in
W.A.No.1037 of 2023, has held as follows:
“5. Being aggrieved, Jagadeeshwari, W/o late
Narashimmulu Naidu and others preferred writ
appeal in W.A.No.1037 of 2023. After hearing the
counsels, the First Bench of this Court consisting the
Hon'ble Chief Justice and Hon'ble Justice
P.D.Audikesavalu, found that the Division Bench of
this Court in the case of P.Muthusamy and another v.
B.Vennila and Others in W.A.Nos.909 and 910 of
2014, had delivered a judgment on 21.11.2022,
without specific reference to Rules 4 and 5 of Tamil
Nadu Panchayats Act, 1994 and the Tamil Nadu
Village Panchayats (Provision of Burial and Burning
Grounds) Rules, 1999, though it has extensively
discussed and interpreted Rule 7. Hence, the
interpretation of Rule 7 of the Tamil Nadu Village
Panchayats (Provision of Burial and Burning
Grounds) Rules, 1999, by the Division Bench in the
case of P.Muthusamy and another, cited supra, needs
reconsideration.
.....
.....
29. When we look at Rule 7(1) of Tamil Nadu
Village Panchayat (Provision of Burial and Burning
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Grounds) Rules 1999, we find that it is analogous to
the Kerala Rules 5(i) which was interpreted the way it
should be.
30. Both Rules 5 and 7 of the Tamil Nadu
Village Panchayat (Provision of Burial and Burning
Grounds) Rules 1999 start with a negative clause.
Rule 5 prohibits new place for burying or burning the
dead without license obtained from village
Panchayat. Rule 7 prohibits burning or burying any
corpse, in any place, within 90 meters of the dwelling
place or source of drinking water supply. The place
licensed as burial and burning ground is exempted
from the 90 meters restriction. Rule 5(1) does not
indicate that the place where a body is buried or
burnt, will not carry the character of burial ground
or burning ground. If, single body is burnt or buried
and the land owner has no intention to allow burial
of body in future. Whoever prefers a new place
whether private or public to be used for burying or
burning the dead, license from the Panchayat is a
pre-requisite. Thus, it is very clear that except the
place which has already been registered under Rule 4
or a new place where license is obtained following
the procedures contemplated under Rules 5(2) (3) and
(4), no body can be buried or burnt in the place
which is neither been registered or granted license.
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31. That apart, it is also to be noted that Rule 6
mandates the village Panchayat to maintain a
register at its office showing places which are
provided, registered or licensed under Rules 3 to 5.
The framers of the Rules were conscious of the fact
that there may be violation of Rule 7 (1). Therefore,
the Rule prescribes punishment for contravention of
Rule 7(1) but, prosecution shall be instituted only on
written sanction by the Executive Authority of the
village Panchayat concerned.
32. The outcome of the above analysis of the
Rules and case laws leads to the conclusion, that the
condition of 90 meters restriction found in Rule 7(1)
cannot be construed as right to bury body anywhere
and everywhere. Burial or burning body is subject to
the other provisions in the Rules. The conditions of
distance restriction from the water body, cannot be
read in isolation unmindful of the purpose of the
Rules and other provisions thereunder.”
9. Hon'ble Apex Court in the case of Ramesh Baghel vs. State of
Chhattisgarh and others, reported in 2025 INSC 109, held as follows:
“22.3. ...
5. Place for disposal of corpses.-
No place other than a place approved by the
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Gram Panchayat by an order in writing duly
published in the village, which shall be known as
burning ghat or burial ground or a place determined
by the Government or in the Government records
shall be used for the disposal of a corpse by burning,
burying or otherwise.”
10. Apart from the judgments cited supra, Section 172(3) of the
Tamil Nadu Urban Local Bodies Act, 1998 stipulates that “no person
shall bury or burn any corpse except in a place, which has been
registered or licensed or provided as aforesaid”.
Therefore, burial activities are to be undertaken only in the
licensed area and in the manner contemplated under law.
11. As noted above, the Revenue Tahsildar, Thisayanvilai has
stated that there are no Government lands available for burial of dead
bodies in Vijayachampadu, Ittamozhi and Thisayanvayal villages.
Therefore, he has addressed a letter to the Joint Commissioner/Executive
Officer of the fifth respondent-temple.
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12. Per contra, the learned counsel appearing for the fifth
respondent would submit that alternate Government poramboke lands
and natham lands are available in the nearby locality.
13. However, these contrary submissions are to be verified by
conducting field inspection by the competent authorities. But, it is to be
made clear that burial of dead bodies are to be made only in the licensed
area. People cannot bury dead bodies in a place, which has not been
notified under the provisions of the Act.
14. Right to bury is a fundamental right. But such burial is to be
undertaken with the authority of law and to be regulated by the
competent authorities under the provisions of the relevant Act and Rules.
15. In view of the fact that contrary submissions are made between
the parties and actions are initiated by the Government to identify
alternate lands to provide burial ground to the people residing in the
locality of Vijayachampadu, Ittamozhi and Thisayanvayal villages, a
decision has to be taken by the respondents 1 to 4 by conducting field
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inspection and after making a thorough investigation, more specifically
in consultation with the temple authorities and in the manner known to
law.
16. With the above observations, this Writ Petition stands disposed
of. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
[S.M.S., J.] [A.D.M.C., J.]
02.06.2025
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
abr
To
1.The Principal Secretary to Government of Tamilnadu,
HR and CE Department,
Fort St. George, Rajaji Salai,
Chennai - 600 009.
2.The District Collector,
Tirunelveli District,
Collectorate, Kokkirakulam,
Tirunelveli - 627 009.
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3.The Tahsildar,
Thisayanvilai Taluk,
182, Manna Raja Koil,
3rd Cross Street, Thisayanvilai,
Tamil Nadu - 627 657.
4.The Commissioner,
HR and CE Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 600 034.
5.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Government of Tamilnadu,
Arulmigu Subramaniyasamy Temple,
JC Office Campus, Tiruchendur – 628 215.
6.The Superintendent of Police,
High Ground Road,
Palayamkottai, Tirunelveli,
Tamil Nadu - 627 002.
7.The Inspector (Crime),
Thisayanvayal Police Station,
SH 89, Thisayanvilai, Selvamaruthur,
Tamil Nadu - 627 657.
8.The Inspector (Law and Order),
Thisayanvayal Police Station,
SH 89, Thisayanvilai, Selvamaruthur,
Tamil Nadu - 627 657.
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S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
abr
02.06.2025
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