Madras High Court
D.P.Patrick vs The State Of Tamil Nadu on 13 May, 2020
Bench: N.Kirubakaran, R.Hemalatha
H.C.P.No.735 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.05.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
H.C.P.No.735 of 2020
D.P.Patrick, 40 years,
S/o.Pitchamuthu,
No.27, Vadisanpuram Lane,
"D" Caster Road, Pulianthoppu,
Chennai - 600 012. ... Petitioner
(Son of the deceased)
Vs.
1.The State of Tamil Nadu,
Rep. by the Commissioner of Police,
Chennai City,
Chennai - 600 007.
2.The Inspector of Police,
T.P.Chathram Police Station,
Chennai - 600 010.
3.The Deputy Commissioner of Police,
K.4, Anna Nagar,
Chennai - 600 040. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying for
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H.C.P.No.735 of 2020
issuance of Writ of Habeas Corpus, directing the respondents herein to provide
police protection to bury the body of the deceased Salath Mary, wife of
Pitchamuthu at Kilpauk-Burial ground (Christian) on 13.05.2020.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
ORDER
(Order of the court was made by N.KIRUBAKARAN, J.) The petitioner has come before this Court seeking direction to the respondents to provide police protection to bury the body of the deceased Mrs.Salath Mary, W/o.Pitchamuthu at Kilpauk, Burial ground (Christian) on 13.05.2020.
2.Mr.R.Prathap Kumar, learned Additional Public Prosecutor takes notice on behalf of the respondents.
3.The learned counsel appearing on behalf of the petitioner would submit that the petitioner's mother Mrs.Salath Mary passed away on 11.05.2020 due to 2/7 http://www.judis.nic.in H.C.P.No.735 of 2020 Covid 19 infection and when his family attempted to bury the body at Kilpauk burial ground (Christian) as per Christian rights on 12.05.2020, they were forcibly prevented by the rowdy elements and therefore, a police complaint was given on the same day. However, no action has been taken by the police authorities, which compelled the petitioner to come before this Court by filing the present petition. He would further submit that if sufficient place is not available at Kilpauk burial ground, burial should be made at the cemetery located near Central Station.
4.However, Mr.R.Prathap Kumar, learned Additional Public Prosecutor would submit that those persons who died due to Covid-19 infection have to be buried only at Thangal burial ground, Thiru.Vi.Ka.Nagar which is also located near the petitioner's residence at Pulianthope. He also produced the report received from the Zonal Officer VIII, Greater Chennai Corporation and Zonal Officer VI, Greater Chennai Corporation and submit that since the petitioner's mother died due to Covid-19 infection, the body has to be buried as per the norms prescribed by ICMR.
5.Heard Mr.R.Sankarasubbu, learned counsel for the petitioner and 3/7 http://www.judis.nic.in H.C.P.No.735 of 2020 Mr.R.Prathap Kumar, learned Additional Public Prosecutor for the respondents.
6.A perusal of the report filed by the learned Additional Public Prosecutor would reveal that Kilpauk Cemetery is maintained by Greater Chennai Corporation and out of the total extent of land measuring 27,980 sq. m. (appx), so far 27,800 sq. m. (appx) was utilised and the available land is only 180 sq. m., which is also on the rear side abutting compound wall situated close to the densely populated residential area. As per ICMR guidelines, the bodies of the Covid-19 infected patients have to be buried at the depth of 2.4 m and if such excavation is made in Kilpauk Cemetery, the compound wall would definitely collapse and many problems would be caused to the residents of the said area. Therefore, it is not possible to bury petitioner's mother's body at Kilpauk Cemetery and alternatively, it is suggested by the Government that the body could be buried as per the Christian rights at Thaangal burial ground, Thiru.Vi.Ka.Nagar, which is located near petitioner's residence at Pulianthope. It is also confirmed by the learned Additional Public Prosecutor that part of the Thaangal burial ground, Thiru.Vi.Ka.Nagar is used as Christian burial ground.
7.As far as the contention of the learned counsel appearing on behalf of the 4/7 http://www.judis.nic.in H.C.P.No.735 of 2020 petitioner that the body should be allowed to bury in the Christian Cemetery located near Central Station is concerned, the said Cemetery is located near the Poonamallee High Road and therefore, there is no possibility of permitting the petitioner to bury his mother's body at the Cemetery near Central Station, in view of the Covid-19 infection suffered by the petitioner's mother.
9.Further, the Government has already earmarked Thaangal burial ground, Thiru.Vi.Ka.Nagar for the purpose of Covid-19 patients. Moreover, the petitioner's residence is at Pulianthope and it is very closure to Thaangal burial ground, Thiru.Vi.Ka.Nagar. In those circumstances, it is appropriate to direct the petitioner to bury his mother's body at Thaangal burial ground, Thiru.Vi.Ka.Nagar as per Christian rights. All the Government authorities should render appropriate assistance to the petitioner for decent burial of his mother's body.
10.With the above directions, this Petition is disposed of.
(N.K.K.,J.) (R.H.,J.)
13.05.2020
sai
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H.C.P.No.735 of 2020
N.KIRUBAKARAN, J.
AND
R.HEMALATHA, J.
sai
To
1.The Commissioner of Police,
The State of Tamil Nadu,
Chennai City,
Chennai - 600 007.
2.The Inspector of Police,
T.P.Chathram Police Station,
Chennai - 600 010.
3.The Deputy Commissioner of Police,
K.4, Anna Nagar,
Chennai - 600 040.
H.C.P.No.735 of 2020
4.The Additional Public Prosecutor,
High Court of Madras,
Chennai.
Dated:13.05.2020
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