Research › Search › Judgment

Madras High Court · body

2015 DIGILAW 3276 (MAD)

K. Natarajan, MBBS v. District Collector, cum District Executive Magistrate

2015-10-07

R.SUBBIAH

body2015
ORDER : The Writ Petition has been filed praying for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to hand over the dead body of the “Chithar Paatti” who died on 05.10.2015 at about 4.00 a.m. in the Government Hospital of Karur District so as to make a respectful burial and to pay a homage with all rites as a devotee in petitioner's farm house land bearing Door No.5-B, Naadarpuram, Vettamangalam Village, Manmangalam Taluk, Karur District. 2. The petitioner is a disciple of “Chithar Paatti”. She was staying in the cottage arranged by the petitioner, where the people used to come for divine blessings. The said “Chithar Paatti” fell ill. The petitioner took serious steps for special medical treatment. Inspite of the best efforts taken by the petitioner, the said “Chithar Paatti” breathed her last on 05.10.2015. Immediately, the petitioner requested the revenue officials to hand over the body of the deceased to the petitioner's custody to pay homage with all respects and dignity. However, the first and the second respondents have refused to give the dead body to the petitioner in view of the rival claim made by the seventh respondent. Hence, he has come forward with the present Writ Petition. 3. The proposed eight respondent has averred in his affidavit that they are also the disciple of Patti Chithar. Since the Writ Petitioner made an attempt to do bury the said patti Chithar, while she was alive, on the intervention of the Revenue Officials, she was taken for treatment of jaundice on 05.10.2015. Under such circumstances, if the request of the petitioner is accepted, then the devotees may not able to perform any pooja in her buried place. Therefore, the proposed eight respondent has no objection to bury the place in the Government land so as to all the devotees to visit and pay homage to patti Chithar. In case, the revenue officials are finding it difficult to allot a separate place to bury the body of the patti chetihar, then the Trust is ready to allot at least one acre of land to bury the body of patti chithar. 4. The Revenue Divisional Officer / the second respondent herein has filed a counter affidavit inter alia stating that one patti sithar (herein after referred to as the deceased) belonged to Kattuputhur Road, Mohanur Village, Nammakkal Taluk and District. 4. The Revenue Divisional Officer / the second respondent herein has filed a counter affidavit inter alia stating that one patti sithar (herein after referred to as the deceased) belonged to Kattuputhur Road, Mohanur Village, Nammakkal Taluk and District. The deceased was brought to the farm house of the petitioner which is situated at Vettamangalam Village, Mangamangalam Taluk, Karur District. The basic details about her age, native village, details of her relatives of the said “Patti Sithar” is not known. On 07.09.2015, the seventh respondent has presented a petition alleging that the petitioner herein is making arrangements to bury the said “ Paatti Sithar” alive (Jeevasamathi) in his farm house and hence, requested the intervention of the authorities. Therefore, on the directions of the first respondent herein, the third respondent has inspected the said spot and found out that the said deceased was lying in Varandah of the Asbestos shed in the farm house of the petitioner which was fenced and locked. The condition of the deceased was not in good condition and she was unable to take food or medicines. Hence, it was decided by the District Administration to provide the adequate medical treatment in the Government District Headquarters Hospital, Karur under the supervision of the Government Doctors. 4. Accordingly, a Committee under the Chairmanship of the second respondent herein was ordered to be formed vide the proceedings of the first respondent dated 11.09.2015 wherein the respondents 3, 5 and 6 are the Members of the said Committee. On 13.09.2015, the said deceased was taken custody by the said Committee and she was admitted in the Government Headquarters Hospital at Karur. She was given adequate and special treatment by the Government Doctors. Despite adequate medical care and treatment, she died on 05.10.2015 around 4:30 p.m. in the Government District Headquarters Hospital, Karur, due to her illness. The petitioner has requested the authorities to give the dead body to his custody to do the last rites in his farm house. The seventh respondent herein has also made a similar claim to bury the deceased. 5. Under the above circumstances, none of the blood relatives are available in the village and a public notice was issued on 05.10.2015 by the second respondent inviting any claim from the blood relatives of the deceased. It was duly published in Karur and Manmangalam Taluk and its villages. 5. Under the above circumstances, none of the blood relatives are available in the village and a public notice was issued on 05.10.2015 by the second respondent inviting any claim from the blood relatives of the deceased. It was duly published in Karur and Manmangalam Taluk and its villages. The details of the said notice finds a place in the local newspapers. However, nobody has turned up to claim the body of the deceased. At this juncture, the petitioner has filed this Writ Petition praying to hand over the dead body for making respectful burial and to pay homage to the dead body, as a devotee. In the absence of valid claim by the blood relatives of the deceased, the last rites have to be performed only by the Karur Municiplaity, on the request made by Deputy Superintendent of Police/Member of the committee. In the given situation, the municipal authorities may be directed to perform the last rites of the deceased “Chithar Paatti” in accordance with the provisions and Rules in force. Hence, he prayed for the dismissal of the Writ Petition. 6. When the matter is taken up for hearing, since there are claim and counter claim to bury the body of the deceased, the matter was referred to the Mediation Centre with a direction to the respective parties to appear before the Mediation Centre to arrive at an amicable settlement. After conducting the mediation, the matter was sent back at 4:30 p.m. to the Court stating that the petitioner is not agreeing the proposal put forth by the seventh respondent viz-viz the seventh respondent is not agreeing the proposal put forth by the petitioner. 7. In a given situation, this Court has no option except to direct the third respondent to hand over the deceased to the Municipal authorities to bury the body, enabling the petitioner as well as the seventh respondent and all the devotees of “Chittar Patti” to pay their homage to the departed soul. 8. With the above direction, this Writ Petition stands disposed of. No costs, consequently, connected miscellaneous petitions are closed.