HC directs authorities to conduct inspection and identify alternative land for burying dead bodies

The Madurai Bench of the Madras High Court has directed the authorities to conduct an inspection and identify alternative land for burying dead bodies after a public interest litigation petition complained about land belonging to Tiruchendur Subramanya Swamy Temple being used for burying dead bodies in Tirunelveli district.

The court was hearing a petition filed by S. Venkatesh who sought a direction to the authorities to restrain people from using the land belonging to the temple for burying dead bodies.

A Division Bench of Justices S. M. Subramaniam and A. D. Maria Clete observed that Section 172(3) of Tamil Nadu Urban Local Bodies Act stipulates that no person shall bury or burn any corpse except in a place which has been registered or licensed or provided as per the Act.

The court observed that burial of the dead bodies was 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.

The Revenue authorities submitted that there were no government lands available for burial of the dead in the locality while the Hindu Religious and Charitable Endowments Department officials submitted that alternative government poramboke and natham lands were available.

In view of the fact that contrary submissions had been made, the court directed the authorities to identify the alternative land for burying dead bodies after conducting a field inspection and in consultation with the temple authorities. The court disposed of the petition with the direction.