Madras High Court Dismisses PIL Aimed at Banning Funeral Processions on Public Roads, Citing Potential for Disturbance Among Local Residents.

The Madras High Court rejected a petition from the Kammavar Samuga Nala Sangam, which aimed to stop villagers from holding funeral processions on residential and public streets. The court called the petition irresponsible and imposed a fine of Rs 25,000. The association, representing a specific community in Tamil Nadu, sought a directive to prevent others from causing public disturbances by using village streets for funeral marches, suggesting they should use the main road instead.

Justices M.S. Ramesh and A.D. Maria Clete remarked that the association should focus on the welfare of its members rather than creating conflict in the village through such petitions. Advocate I. Velpradeep represented the petitioners, while Government Pleader P. Thilakkumar represented the respondents. The court noted that the petitioner’s counsel could not prove any right for the association to block funeral processions on public streets. The court emphasized that public roads managed by the local Panchayat are open for all villagers and the general public, regardless of their background.

The Bench noted that the request and statements in the affidavit supporting the writ petition showed discrimination under Article 15 of the Constitution of India. Therefore, the request made in the writ petition was deemed unconstitutional and illegal. The Bench stated that the Association, as a responsible organization, should focus on the welfare of its members and avoid actions that could incite unrest among villagers by filing such reckless writ petitions. The Bench also expressed concern over the Association’s inhumane stance in this case, warning that if the petition were accepted, it could lead to conflict and disorder among the villagers. The Court concluded by stating that since there was no legal basis for the request, the Writ Petition was dismissed, and the petitioner must pay costs of Rs. 25,000 to the Legal Services Committee of the Madurai Bench of the Madras High Court within fifteen days of receiving 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