Citation : 2026 Latest Caselaw 2357 Mad
Judgement Date : 6 May, 2026
WP Crl. No. 1117 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
WP.Crl. No. 1117 of 2026
and
WPMP.Crl. No. 369 of 2026
K.T.R.Raja Karuppan Chetty
S/o.K.T.Ranganathan Chettiar,
No.3-A, Damodarapuram Main Road,
Adyar, Chennai 600 020.
..Petitioner
Vs
1. The Director General of Police, Chennai
Dr.Radhakrishnan Salai, Mylapore,
Chennai 600 004.
2. The Commissioner of Police,
Greater Chennai
No. 132, E V K Sampath Road,
Vepery, Chennai 600 007.
3. The Deputy Commissioner of Police,
Greater Chennai
No. 132, E V K Sampath Road,
Vepery, Chennai 600 007.
4. Dhanaselvan
The Assistant Commissioner of Police,
Mylapore Range,
Kutchery Road,
Mylapore, Chennai 600 004.
5. Ramesh Kannan
The Inspector of Police,
E-5 Foreshore Estate Police Station.
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https://www.mhc.tn.gov.in/judis
WP Crl. No. 1117 of 2026
6. M.A.M.M. Annamalai
S/o.M.A.M.Muthaiah,
7. M.A.M.R.Muthiah @ Ayyappan
S/o.Sekkappa Chettiar
..Respondents
PRAYER: Writ Petition (Criminal) is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, forbearing the respondents
1 to 4 from in any manner interfering with or obstructing the conduct of funeral
rites, religious ceremonies and customary observances of Late Dr.(smt).Meena
Muthiah at the premises situated at ‘Small Bungalow’, Greenways Road,
Chennai and further direct the respondents 1 to 4 to forthwith permanently
remove the lock illegally affixed upon the said premises and restore free,
peaceful and uninterrupted ingress and egress thereto.
For Petitioner: Mr.Krishnan Srinivasan, Senior Counsel
for Mr.Vadiraj Anirudh S G
For Respondents: Mr.A.Damodaran
Additional Public Prosecutor for R1 to R5
Mr.AR.L.Sundaresh, Senior Counsel for
Mr.Palani Muthu for R6
Mr.Manisankar for
Mr.T.Balaji for R7
ORDER
This Writ Petition (Criminal) is filed seeking a direction to respondents 1
to 4 to refrain from interfering with or obstructing, in any manner, the conduct
of funeral rites, religious ceremonies, and customary observances for the late
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Dr. (Smt) Meena Muthiah at the premises known as "Small Bungalow,"
Greenways Road, Chennai.
2. Mr.Krishnan Srinivasan, learned Senior Counsel appearing for the
petitioner submits that petitioner is the executor of the Will executed by the late
Dr.Smt).Meena Muthiah, who passed away in Ooty on 02.05.2026. Following
the return of her mortal remains to the 'Small Bungalow' on Greenways Road
and the completion of her funeral rites on 03.05.2026, a legal dispute has
emerged regarding the premises. He further submits that the 6th & 7th
respondents have forcibly locked the entire bungalow, thereby preventing
relatives from accessing the premises to perform the 7 th day ceremonies and
other mandatory final rites of Dr.(Smt).Meena Muthiah. Seeking the indulgence
of this Court to allow access for the completion of these religious and
customary observances, this Writ Petition is filed.
3. Mr.A.Damodaran, learned Additional Public Prosecutor appearing
for the respondents 1 to 5 submits that a counter-complaint has been lodged by
the 6th & 7th respondents, who are the son and nephew of the late Dr.
(Smt).Meena Muthiah. In this regard, C.S.R.No.98 of 2026 has been issued. He
further submits that regarding the complaint given by the petitioner,
C.S.R.No.99 of 2026 was issued and FIR has been registered under Section 145
of the Cr.P.C.,/164 of BNSS and the matter is now pending before the Revenue __________ Page3 of 7 https://www.mhc.tn.gov.in/judis
Divisional Officer, Mylapore, whose decision is awaited.
4. The learned Senior Counsel appearing for the 6 th & 7th respondents
categorically contended that the petitioner has no standing to profess grief for
the demise of the 6th respondent’s mother, characterising such a display as
“crocodile tears”. It was argued that the primary right to perform the funeral
and subsequent rituals vests with the 6th respondent and that it is not for the
petitioner to interfere under the guise of mourning. He further submits that the
6th respondent will carry out the 7th day rituals in accordance with custom and
will permit all relatives to pay their respects to the late Dr.(Smt).Meena
Muthiah. Therefore, the petitioner has no right whatsoever to interfere with the
conduct of the ceremonies relating to the death of the 6th respondent’s mother.
5. Heard both sides and carefully perused the records.
6. The crux of the issue pertains to the conduct of the seventh day rituals
following the demise of Dr.(Smt).Meena Muthiah. It is needless to say that the
6th & 7th respondents are son and nephew of Dr.(Smt).Meena Muthiah. The
learned Senior Counsel has given an undertaking to the Court that he will
ensure full cooperation with the police for the opening of the 'Small
Bungalow' on Greenways Road, Chennai. This undertaking is given to facilitate
the entry of relatives and well-wishers to participate in the seventh-day and
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subsequent ceremonies. The same is hereby recorded.
7. Consequently, the police are directed to open the premises known as
the 'Small Bungalow' from 07.05.2026 to 15.05.2026. During this period, all
relatives of the deceased shall be permitted to attend the rituals and customary
observances. On the completion of the fifteenth-day ceremony on 15.05.2026,
the police are directed to re-secure and lock the property. It is made clear that
this order is passed solely to facilitate the performance of religious and
customary rites. Any dispute regarding the title or possession of the property
shall be adjudicated and resolved before the appropriate Civil Court.
8. With the above directions, this Writ Petition (Criminal) is disposed of.
Consequently, the connected Miscellaneous Petition is closed. No costs.
06-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
sma/rpl
To
1.The Director General of Police, Chennai Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
2.The Commissioner of Police, Greater Chennai __________ Page5 of 7 https://www.mhc.tn.gov.in/judis
No. 132, E V K Sampath Road, Vepery, Chennai 600 007.
3.The Deputy Commissioner of Police, Greater Chennai No. 132, E V K Sampath Road, Vepery, Chennai 600 007.
4.Dhanaselvan The Assistant Commissioner of Police, Mylapore Range, Kutchery Road, Mylapore, Chennai 600 004.
5.Ramesh Kannan The Inspector of Police, E-5 Foreshore Estate Police Station.
6.The Public Prosecutor, High Court of Madras, Chennai.
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L.VICTORIA GOWRI J.
sma/rpl
and
06-05-2026
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