Citation : 2026 Latest Caselaw 941 Mad
Judgement Date : 6 March, 2026
W.P.(MD)Nos.1786 & 24750 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)Nos.1786 & 24750 of 2019
and W.M.P.(MD)Nos.1538 & 21353 of 2019
W.P.(MD)No.1786 of 2019
V.Kannan ... Petitioner
Vs.
1. The District Collector,
Sivagangai District.
2. The Superintendent of Police,
Sivagangai District.
3. The Thasildar,
Thiruppuvanam Taluk,
Sivagangai District.
4. The Inspector of Police,
Thiruppuvanam Police Station,
Sivagangai District.
5. K.K.Bala Subramanian
6. Murugesan
7. A.Kannappan ... Respondents
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W.P.(MD)Nos.1786 & 24750 of 2019
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the respondents No.
1 to 4 to forbear the respondent No.5 to 7 and their community people
from interfering in the right to have funeral procession carrying the
cadaver through the public street and roads like the members of dominant
community residing in the same village and ensure the public right to use
public places, streets, roads including Melatheru to Agarajothipuram
Road in Manalur Village, Thiruppuvanam Taluk, Sivagangai District.
For Petitioner : Mr.S.Rajasekar
For Respondents : Mr.P.T.Thiraviam,
Govt. Advocate for R1 & R4
Mr.K.Sanjai Gandhi,
Govt. Advocate for R2, R3 & R5
W.P.(MD)No.24750 of 2019
K.Senthil Kumar ... Petitioner
Vs.
1. The District Collector,
Sivagangai District,
Sivagangai.
2. The Superintendent of Police,
O/o. The Superintendent of Police,
Sivagangai District,
Sivagangai.
3. The Deputy Superintendent of Police,
O/o. The Deputy Superintendent of Police,
Manamadurai, Sivagangai District.
4. The Thasildar,
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W.P.(MD)Nos.1786 & 24750 of 2019
Thiruppuvanam Taluk,
Sivagangai District,
Sivagangai.
5. The Inspector of Police,
Thiruppuvanam Police Station,
Sivagangai District,
Sivagangai.
6. K.K.Bala Subramanian
6. Murugesan
7. Mahadevan ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the respondents 1 to
4 to provide police protection to the schedule caste community people to
use the Public Street to carry the cadaver of the petitioner's paternal uncle
in the same route to the common cremation ground used by all other
communities viz., Kallar, Servai, Pillaimar, Paraiyar, Nadar, Vellalar,
Aasari, Iyer etc in Manalur Village, Thiruppuvanam Taluk, Sivagangai
District and ensure a decent Cremation by providing adequate police
protection within the time.
For Petitioner : Mr.S.Rajasekar
For Respondents : Mr.P.T.Thiraviam,
Govt. Advocate for R1 & R4
Mr.K.Sanjai Gandhi,
Govt. Advocate for R2, R3 & R5
Mr.C.Vakeeswaran for R6
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W.P.(MD)Nos.1786 & 24750 of 2019
COMMON ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
When the matters were taken up for hearing, the learned
counsel appearing for the petitioners submitted that, pursuant to the order
passed by this Court in W.P.(MD) No.24750 of 2019, dated 22.11.2019,
the cadaver has been carried through Melatheru, and there has been no
issue till now and that the same practice will be followed in future as
well.
2. The learned Government Advocate appearing for the official
respondents also submitted that, at present, there is no issue with regard
to carrying the cadaver to the common cremation ground.
3. In view of the above, this Court directs the petitioners to
carry the cadaver through Melatheru to the common cremation ground, in
accordance with the directions issued by this Court in W.P.(MD) No.
24750 of 2019 dated 22.11.2019, and the same practice shall be
continued in future also.
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4. With the above directions, these writ petitions are disposed
of. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
[N.S.K., J.] & [M.J.R., J.]
06.03.2026
Index :Yes/No
NCC :Yes/No
vsm
To
1. The District Collector,
Sivagangai District.
2. The Superintendent of Police, Sivagangai District.
3. The Thasildar, Thiruppuvanam Taluk, Sivagangai District.
4. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
5. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 01:24:11 pm ) W.P.(MD)Nos.1786 & 24750 of 2019
N.SATHISH KUMAR, J.
AND M.JOTHIRAMAN, J.
vsm
W.P.(MD)Nos.1786 & 24750 of 2019
06.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 01:24:11 pm )
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