Chellappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chellappan ....

Petitioner Vs

1. The District Collector, O/o.Collectorate, Thiruvannamalai District.

2. The Superintendent of Police, Thiruvannamalai District.

3. The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.

4. The Tahsildar, Vembakkam Taluk, Thiruvannamalai District.

5. The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

6. Alamelu ....

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the respondents 1 to 5 to hand over the dead body of Thirupathi, S/o.Narayanasamy to the petitioner and his family members, to perform the final rites as per Hindu 1/4

Custom on the basis of the petitioner's representation dated 12.03.2025. For Petitioner : Mr.M.Vivek For Respondents : Mr.P.Balathandayutham Special Government Pleader, for R1, R3 and R4 Mr.A.Gopinath, Government Advocate (Crl.Side) for R2 and R5

O R D E R

This petition has been filed seeking a direction to the respondents 1 to 5 to hand over the dead body of Thirupathi, S/o.Narayanasamy to the petitioner and his family members, to perform the final rites as per Hindu Custom on the basis of the petitioner's representation dated 12.03.2025.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondents police on instructions submitted that the body of one Thirupathi was already handed over to the sixth respondent and the same was buried. However, the petitioner is disputing the same.

3. Considering the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.side), the 2/4

prayer sought for in this petition cannot be considered, since the body of Thirupathi, S/o.Narayanasamy was handed over to the sixth respondent and the same was buried.

4. In view of the above, this writ petition is dismissed. No costs. 18.03.2025 Vv To

1. The District Collector, O/o.Collectorate, Thiruvannamalai District.

2. The Superintendent of Police, Thiruvannamalai District.

3. The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.

4. The Tahsildar, Vembakkam Taluk, Thiruvannamalai District.

5. The Inspector of Police, Dusi Police Station, Thiruvannamalai District.

6. The Public Prosecutor, High Court of Madras,Chennai.

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G.K.ILANTHIRAIYAN, J.

VV 18.03.2025 4/4