“Attempt To Create Unrest Among Villagers”: Madras HC Rejects PIL Seeking Prohibition Of Funeral Processions Through Public Streets
The Madras High Court dismissed a Petition filed by the Association Kammavar Samuga Nala Sangam seeking a direction to prevent the villagers from conducting the funeral procession on residential/public streets.
Terming the Writ Petition as irresponsible, the High Court imposed a cost of Rs 25,000.
The petitioner, an Association of the members of one particular community in the State of Tamil Nadu, approached the High Court seeking for a direction to the Official respondents to forbear the private respondents herein, from creating public nuisance by conducting funeral procession march through the residential streets of the village, in which, their members are residing, but to use the main road or usual route to reach the burial ground.
The Division Bench of Justice M.S. Ramesh & Justice A.D.Maria Clete noticed, “petitioner's Association is a responsible body, which should only address the welfare measures of its members and should not degrade itself, by attempting to create an unrest among the villagers, by filing of such irresponsible writ petitions..”
Advocate I.Velpradeep represented the Petitioner while Government Pleader P. Thilakkumar represented the Respondent.
It was further noted that the Petitioner’s Counsel was also not in a position to demonstrate as to the right vested on the Association to prevent such funeral procession on public streets.
“We hasten to add that there can never be any such right of such nature and that the public streets and roads vested with the concerned Panchayat is open for free and open enjoyment by every villager or other sections of the general public, irrespective of caste, creed and community”, it held.
The Bench stated that the very prayer and the averments in the affidavit filed in support of the writ petition, amounts to discrimination in terms of Article 15 of the Constitution of India and thus, the prayer sought for in the present writ petition was unconstitutional and illegal. As per the Bench, the Association being a responsible body should only address the welfare measures of its members and should not degrade itself, by attempting to create unrest among the villagers, by filing of such irresponsible writ petitions.
The Bench also expressed its dissatisfaction in view of the inhumane approach of the Association in this writ petition, which if entertained, could have possibly resulted in disharmony and chaos among the villagers. The Court concluded the matter by further observing, “In the absence of any legal ground to seek for the prayer sought for, the Writ Petition stands dismissed with costs of Rs.25,000/- [Rupees Twenty Five Thousand only], which shall be paid by the petitioner to the Legal Services Committee attached to the Madurai Bench of Madras High Court, within a period of fifteen days from the date of receipt of a copy of this order.
Cause Title: Kammavar Samuga Nala Sangam vs. The District Collector [Neutral Citation: 2024:MHC:3852]
Appearance:
Petitioner: Advocate I. Velpradeep
Respondents: Government Pleader P. Thilakkumar, Government Advocate (Crl.Side) P. Kottai Chamy
