Nachimuthu Palanichamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Nachimuthu Palanichamy 2.Karnan 3.M.Murugesan 4.Balasubramaniyan Mohan 5.Kesavan Ayyasamy 6.Udaiyappan Chinnaiah ... Petitioners -vs1.The District Collector Pudukottai 2.The Superintendent of Police Pudukottai 3.Rajagopala Thondaiman 4.Vijakumar Thondaiman 5.Charubala 6.Janaki Manokari ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent herein to place the corpse of the Queen of Pudukottai Her Highness Mrs.Remadevi Thondaiman, wife of Rajkumar Radhakrishna Thondaiman, who died on 12.04.2023, in the Palace of Raja of Pudukottai, for the last respects to be paid by the public at large, before her cremation on 13.04.2023 or thereafter. For Petitioners :

Mr.VR.Shanmuganathan For Respondents :

Mr.R.Baskaran Additional Advocate General assisted by Mr.P.T.Thiraviyam Government Advocate for R1 & R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated above it is prayed that this Honourable court may be pleased to issue a writ of mandamus or any other appropriate writ or order or direction in the nature of a writ of mandamus directing the respondent herein to place the corpse of the Queen of Pudukottai Her Highness Mrs.Remadevi Thondaiman, wife

of Rajkumar Radhakrishna Thondaiman, who died on 12/4/2023, in the Palace of Raja of Pudukottai, for the last respects to be paid by the public at large, before her cremation on 13/4/2023 or thereafter and pass such further or other orders as this honourable court may deem fit and proper in the facts and circumstances of the above case and thus render justice."

2. The petitioners claim that the departed soul being the last Queen of the erstwhile Pudukottai Samasthanam, they are entitled to pay homage and they are being prevented from paying homage.

3. Though the prayer in this writ petition is for keeping the corpse for public view in the Palace of the Raja of Pudukottai, Mr.VR.Shanmuganathan, learned counsel for the petitioners, would contend that the petitioners will be satisfied, if they are permitted to pay homage to the mortal remains of the Queen.

4. We do not think that we can interfere with the cremation or the disposal of the dead body of the erstwhile Queen by her family. There is no constitutional or civil right involved in the process of cremation. No doubt, the

dead is entitled to a decent burial. The District Administration will ensure that. Hence, we do not see any reason to entertain this writ petition.

5. The writ petition is, therefore, dismissed as meritless. No costs. [R.S.M., J.] [L.V.G., J.] 13.04.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Pudukottai.

2.The Superintendent of Police, Pudukottai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 13.04.2023 (2/2)