HC dismisses plea to restrain people from taking out funeral procession through residential streets

Dismissing the petition filed by the Kammavar Samuga Nala Sangam that sought a direction to the authorities to restrain people from taking out funeral processions through their streets, the Madurai Bench of the Madras High Court observed that the prayer sought was unconstitutional and illegal.

A Division Bench of Justices M.S. Ramesh and A.D. Maria Clete observed that the prayer and the averments in the affidavit filed in support of the petition amounts to discrimination in terms of Article 15 of the Constitution. We fail to understand as to how the conduct of funeral procession can be claimed as a public nuisance by the petitioner association, the court said.

The Kammavar forum had sought a direction to the authorities to restrain people from taking out funeral processions through their streets to reach the burial ground and not to create public nuisance in Panayadipatti in Sattur taluk in Virudhunagar district,

The court observed that there can never be any right of such nature. The public streets and roads vested with the panchayat were open and free to the people, irrespective of caste, creed and community. The association should address the welfare measures of its members and should not degrade itself by attempting to create unrest among the villagers by filing such irresponsible petitions.

Expressing dissatisfaction in view of the inhumane approach of the petitioner association, the court imposed a cost of ₹25,000 on the association to be paid to the Legal Services Committee of the Madurai Bench of Madras High Court.

Published - November 28, 2024 08:31 pm IST