Jeevathma Kaingariya Trust v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Jeevathma Kaingariya Trust A Registered Trust (vide No.853 of 2004) Rep. by its Managing Trustee Sri M.V.Ramani Old No.52, New No.18 Subramanian Street West Mambalam, Chennai-8.

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Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Chief Secretary to Government Secretariat, Fort St. George Chennai-600 009.

2. The Secretary to Government Home Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Secretary to Government Health Department Secretariat, Fort St. George Chennai - 600 009.

4. The Commissioner Corporation of Chennai Rippon Buildings, Chennai - 600 003.

5. The Director General of Police Santhome, Chennai - 600 028.

6. The Inspector General of Police Southern Railway Egmore, Chennai - 600 008.

7. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai - 600 007.

8. The State Crime Records Bureau Having its Office at No.95, Greenways Road MRC Nagar, Raja Annamalai Puram Chennai 600 028.

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Respondents [R8 impleaded vide order dated 04.02.2021] Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring that the unclaimed/ unidentified human dead bodies lying in Mortuaries of various Government Hospitals within the territorial jurisdiction of this Hon'ble Ccourt shall be cremated in the crematorioums established by Chennai Corporation at free of cost.

For Petitioner : No appearance For Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 & R2 Ms.M.Sneha, Standing Counsel for R3 Mr.A.Arun Babu Standing Counsel for R4 Mr.R.Muniyapparaj Additional Public Prosecutor for R5 to R8

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) None for petitioner.

2. This public interest litigation, filed on the allegation that unclaimed/unidentified human dead bodies are lying without proper cremation, seeks issuance of direction for making necessary arrangements for disposal of those dead bodies, by way of cremation in the crematoriums and for necessary arrangements at the cost of the State.

3. The status report and the mechanism, which has been developed by respondent, are placed on record by way of counter affidavit, which shows that there is, in place, a mechanism to deal with disposal of unclaimed and unidentified dead bodies, depending upon whether it is a medical case or a medico legal case. The status report further lays down the procedure to be followed before disposal of a dead body which remains unclaimed/unidentified. It

also indicates that under the existing system, some of the dead bodies, upon applications made by government and private medical colleges, are also allotted to them.

4. What has been stated in the detailed affidavit filed by respondents reflects that a detailed mechanism is in place towards disposal of unidentified and unclaimed dead bodies. In our opinion, no directions are required to be issued.

5. Petition is closed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.09.2025 Index :

Yes/No Yes/No kpl To

1. The Chief Secretary to Government Secretariat, Fort St.George Chennai-600 009.

2. The Secretary to Government Home Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The Secretary to Government Health Department Secretariat, Fort St.George Chennai - 600 009.

4. The Commissioner Corporation of Chennai Rippon Buildings, Chennai - 600 003.

5. The Director General of Police Santhome, Chennai - 600 028.

6. The Inspector General of Police Southern Railway Egmore, Chennai - 600 008.

7. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai - 600 007.

8. The State Crime Records Bureau Having its Office at No.95, Greenways Road MRC Nagar, Raja Annamalai Puram Chennai 600 028.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 11.09.2025