Case Note & Summary
The petitioner, S. Chinnadurai, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus to direct the respondents, including the District Collector, Divisional Engineer (Highways), Tahsildar, Block Development Officer, and the President of Nangaimozhi Village Panchayat, to consider his representations dated 14.08.2009 and 27.01.2020. The petitioner further sought a consequential direction to exhume a dead body buried in Survey No.29/1B in Nangaimozhi Village, Thiruchendur Taluk, Tuticorin District, and rebury it in the designated burial ground. The petitioner alleged that a dead body was buried near his house instead of the proper burial ground in the year 2009. After a period of 16 years, the petitioner submitted representations to the authorities seeking exhumation. The court heard the learned counsel for the petitioner and the respondents. Upon perusal of the representation, the court noted that the dead body was buried in 2009, and the petitioner sought exhumation after 16 years. The court observed that after such a long period, the body would have decomposed, and there was no legal right to seek exhumation. The court held that the writ petition was liable to be dismissed on the ground of delay and laches. Consequently, the court dismissed the writ petition without any order as to costs. The connected miscellaneous petition was also closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Delay and Laches - Petitioner sought direction to consider representation for exhumation of dead body buried in 2009 - Court held that after 16 years, the petitioner cannot seek exhumation as the body would have decomposed and no legal right subsists - Held that the writ petition is liable to be dismissed on the ground of delay and laches (Paras 3-4).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to consider his representation for exhumation of a dead body buried in 2009, after a delay of 16 years.
Final Decision
The writ petition is dismissed. No order as to costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Delay and laches
- Writ of Mandamus
- Exhumation
- Right to burial
- Inordinate delay
