SEKAR REPORTER

Court News from Madras High Court

Suo moto case funeral issue /Order of the court was made by the Hon’ble Chief Justice)Heard Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3, 5 and 8; and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 4, 6 and 7.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.34402 of 2023
(Suo-Motu)

  1. STATE OF TAMILNADU
    REP. BY ITS PRINCIPAL SECRETARY
    REVENUE AND DISASTER MANAGEMENT DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  2. STATE OF TAMIL NADU
    REP BY ITS PRINCIPAL SECRETARY,
    MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  3. STATE OF TAMIL NADU
    REP BY ITS PRINCIPAL SECRETARY
    RURAL DEVELOPEMTN AND PANCHAYATARAJ DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  4. DIRECTOR GENERAL OF POLICE TAMIL NADU DGP OFFICE, KAMARAJAR SALAI CHENNAI – 600 004.
  5. THE DISTRICT COLLECTOR CUDDALORE DISTRICT.
  6. SUPERINTENDENT OF POLICE CUDDALORE DISTRICT.
  7. DEPUTY SUPERINTENDENT OF POLICE
    PANRUTI, CUDDALORE DISTRICT
  8. REVENUE DIVISIONAL OFFICER
    PANRUTI. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents, to prevent unwanted incidents and to take appropriate steps in issue the guidelines to streamline the funeral processions throughout Tamil Nadu State without hindrance by drunken person to general public by throwing garlands and blocking of vehicle movements and etc., and to file a report before this Court.
For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3, 5 and 8
: Mr.R.Muniyapparaj
Additional Public Prosecutor assisted by Mr.M.Sylvester John for respondents 4, 6 and 7
ORDER
(Order of the court was made by the Hon’ble Chief Justice)
Heard Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3, 5 and 8; and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 4, 6 and 7.

  1. This Court had taken suo motu cognizance of the letter
    dated 4.9.2022 of Mr.A.Anbu Selvan, wherein he had stated about the unfortunate incident that took place because of the garland thrown in a funeral process.
  2. Learned counsel for respondents have placed on record a Circular Memorandum issued on 20.3.2024 by the Director General of Police, Head of Police Force, Tamil Nadu. The following instructions are given:
    “3. This is a very sensitive issue involving the traditions and emotions of the people, and at the same time the life and safety of the public. The Unit officers should take suitable preventive steps and sensitise the SDOs/SHOs in this regard.
    i. Prior intimation should be given by the family members of the deceased to the local police with tentative time and route of the procession so as to regulate the vehicular traffic and the funeral procession.
    ii. The local police should liaise with the Panchayat/Municipality/Corporations to clear the garlands and other materials that might be lying on the road so that there is no hindrance or disturbance to the movement of vehicular traffic.
    iii. No banners, hoardings, etc. should be permitted without approval from the competent authorities.
    iv.The organisers should be advised to collect the garlands/wreaths in the funeral house itself and the same should be disposed safely. They should be advised not to carry large number of garlands/wreaths along with the procession, not to throw them on roads/vehicles moving on the road. If any garland/wreath is left on the roads, the police should liaise with the local bodies to clear the road immediately.
    v. The organisers should be advised to avoid Highways/arterial/main roads.
    vi.The police should regulate participants of the funeral procession to go in intermittent gaps to facilitate the smooth movement of traffic.
    vii.Strict legal action should be taken if there are any violations endangering the life and safety of the public.
    viii.The local police should regulate the route of the funeral procession if law and order problem is anticipated in any particular route.
    ix.The above precautionary measures are only indicative and not exhaustive. The Unit Officers should take all necessary precautionary measures to ensure the safety of the public.”
  3. We hope and trust that the aforesaid instructions issued by the Director General of Police, Tamil Nadu, shall be adhered to in its letter and spirit.
    The writ petition is disposed of accordingly. There shall be no order as to costs.
    (S.V.G., CJ.) (D.B.C., J.)
    25.03.2024
    Index : Yes/No
    Neutral Citation : Yes/No
    sasi
    To
  4. THE PRINCIPAL SECRETARY
    STATE OF TAMILNADU
    REVENUE AND DISASTER MANAGEMENT DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  5. THE PRINCIPAL SECRETARY
    STATE OF TAMIL NADU
    MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  6. THE PRINCIPAL SECRETARY
    STATE OF TAMIL NADU
    RURAL DEVELOPEMTN AND PANCHAYATARAJ DEPARTMENT SECRETARIAT, CHENNAI – 600 009.
  7. THE DIRECTOR GENERAL OF POLICE TAMIL NADU DGP OFFICE, KAMARAJAR SALAI CHENNAI – 600 004.
  8. THE DISTRICT COLLECTOR CUDDALORE DISTRICT.
  9. THE SUPERINTENDENT OF POLICE CUDDALORE DISTRICT.
  10. THE DEPUTY SUPERINTENDENT OF POLICE PANRUTI, CUDDALORE DISTRICT
  11. THE REVENUE DIVISIONAL OFFICER PANRUTI.
    THE HON’BLE CHIEF JUSTICE
    AND D.BHARATHA CHAKRAVARTHY,J.
    (sasi)

W.P.No.34402 of 2023

25.03.2024

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