Madras HC Rejects Caste Association’s Cost Request, Says It Is Inhumane

The board described the association’s approach as “inhumane”. Justice MS Ramesh And Justice AD ​​Maria Clete expressed his dissatisfaction. The court also observed that if such a plea was allowed, it could lead to disharmony and chaos among the villagers.

Wondering how funeral ownership could be called a public matter, the court added that the society should aim to address welfare measures of its members and not disgrace itself by filing such irresponsible petitions.

“We fail to understand how the funeral procession can be claimed as a public nuisance by the petitioner’s association. The Petitioners’ Association is a responsible body which should only deal with the welfare measures of its members and should not disgrace itself by trying to create unrest among the villagers by filing such irresponsible writ petitions. We expressed our dissatisfaction with this inhumane approach of the association in this article, which, if taken into consideration, could lead to disharmony and chaos among the villagers.” said the court.

The court also noted that the association had not demonstrated any legal right to prevent villagers from carrying bodies through public streets. The court emphasized that the streets and roads given to the Panchayat are available for free and open use by every villager and other sections of the society, regardless of caste, sect and community.

Therefore, the court noted that the association’s prayer amounted to discrimination within the scope of Article 15 of the Constitution, and therefore the requested prayer was unconstitutional and illegal. Therefore, the court was not inclined to consider the petition and dismissed it.

Applicant’s attorney: Mr. I. Velpradeep

Defendant’s Lawyer: Mr. P. Thilakkumar, Government Advocate, Mr. P. Kottai Chamy, Government Advocate (Crl. Side)

Quote: 2024 LiveLaw (Mad) 463

Case Title: Kammavar Samuga Nala Sangam v. District Collector

Case No: WP(MD)No.24623, 2024