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 direction to the respondents to consider his representation dated 14.08.2009 and a remainder dated 27.01.2020, and consequently to exhume a dead body buried in S.No.29/1B in Nangaimozhi Village, Thiruchendur Taluk, Tuticorin District, and bury it in the burial ground. The petitioner alleged that a dead body was buried near his house instead of the designated burial ground in the year 2009. After a period of 16 years, he submitted representations to the authorities. 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 found that the delay was inordinate and that the relief sought was impractical. The court dismissed the writ petition, holding that no direction could be issued to consider such a stale representation.
Headnote
A) Writ Law - Mandamus - Inordinate Delay - The court held that a writ of mandamus cannot be issued to compel consideration of a stale representation after 16 years, as the delay defeats the purpose of the relief sought. (Para 3)
Issue of Consideration
Whether the court should direct the respondents to consider the petitioner's representation to exhume a dead body buried in 2009 after a delay of 16 years.
Final Decision
The writ petition was dismissed. The court held that after a period of 16 years, no direction can be issued to consider the representation as the delay is inordinate and the relief sought is impractical.
Law Points
- Writ of Mandamus
- Inordinate delay
- Laches
- Disposal of representation
- Exhumation of dead body
Case Details
W.P(MD)No.1566 of 2022 and W.M.P(MD)No.1370 of 2022
Mr.M.Saravanakumar (for petitioner), Mr.S.Shanmugavel (for respondents 1 to 3)
1. The District Collector, Tuticorin District, 2. The Divisional Engineer, Highways Department, Thiruchendur, 3. The Tahsildar, Thruchendur Taluk, 4. The Block Development Officer (Village Panchayat), Udangudi Panchayat Union, 5. The President, Nangaimozhi Village Panchayat
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Nature of Litigation
Writ petition seeking mandamus to consider representation and exhume dead body.
Remedy Sought
Direction to respondents to consider petitioner's representation dated 14.08.2009 and remainder dated 27.01.2020, and to exhume the dead body buried in S.No.29/1B and bury it in the burial ground.
Filing Reason
Petitioner claimed a dead body was buried near his house instead of the burial ground in 2009, and his representations to authorities were not considered.
Issues
Whether the court should direct consideration of a representation after 16 years of delay.
Submissions/Arguments
Petitioner argued that a dead body was buried near his house in 2009 and his representations were not considered.
Respondents opposed the petition on the ground of inordinate delay.
Ratio Decidendi
A writ of mandamus cannot be issued to compel consideration of a stale representation after an inordinate delay, as the delay defeats the purpose of the relief sought.
Judgment Excerpts
On a perusal of the representation submitted by the Petitioner reveal that a dead body was burried near the Petitioner’s house instead of the place meant for burial. Even according to the Petitioner, the dead body was burried in the year 2009. After a period of 16 years, the representation submitted by the Petitioner to exhume the body to...
Procedural History
The petitioner filed W.P(MD)No.1566 of 2022 before the Madurai Bench of Madras High Court seeking a writ of mandamus. The court heard the matter and dismissed the petition on 02.01.2025.
Acts & Sections
- Constitution of India: Article 226
