Madras High Court slaps ₹25k costs on litigant for 'inhumane' plea against funeral procession

The Madras High Court recently imposed costs of ₹25,000 on a petitioner seeking directions to restrain members of a particular community from taking funeral procession through the streets housing the residences of persons belonging to the petitioner's community..The Court said that all public streets and roads vested with any panchayat are meant for all residents irrespective of the community or caste they belong to."The very prayer and the averments in the affidavit filed in support of the writ petition amount to discrimination in terms of Article 15 of the Constitution...We hasten to add that there can never be a right of such nature and that public streets and roads vested with the concerned panchayat is open for free and open enjoyment by every villager or other sections of the general public irrespective of caste, creed, and community," the High Court said in its order of November 6.Hence, the Bench of Justices MS Ramesh and AD Maria Clete termed the plea filed by Kammavar Samuga Nala Sangam as "inhumane" and proceeded to dismiss it with costs."We fail to understand as to how the conduct of funeral procession can be claimed as a public nuisance by the petitioner's Association. The petitioner's Association is a responsible body, which should only address the welfare measures of its members and should not degrade itself, by attempting to create an unrest among the villagers, by filing of such irresponsible writ petitions. We have expressed our dissatisfaction in view of the inhumane approach of the Association in this writ petition, which if entertained, could possibly result in disharmony and chaos among the villagers,” the High Court said..The petitioner-association moved the Court seeking directions to the local authorities to restrain four persons, all residents of the Virudhnagar district in Tamil Nadu, who belonged to a particular community, from conducting funeral processions through the streets in which members of the association-community reside.The petitioner argued that funeral processions by the respondents through their residential streets was causing public nuisance and hence, they should be asked to use the main road or any other route to reach the burial ground.However, the High Court took strong exception to the prayer made by the association in the absence of any legal ground..The Court dismissed the petition and directed the association to pay the costs to the legal services committee at the Madurai bench of the High Court..Advocate I Velpradeep appeared for the association.Government Pleader P Thilakkumar and Government AdvocateP Kottai Chamy appeared for the respondent district and State authorities..[Read Order]