The Madurai Bench of the Madras High Court has categorically dismissed a petition filed by the Kammavar Samuga Nala Sangam seeking restrictions on funeral processions through residential streets in Panayadipatti Village, Virudhunagar District. In a strongly worded judgment, the court emphasized that public streets are meant for free and equal access to all, irrespective of caste, creed, or community.
The bench, comprising Justice M.S. Ramesh and Justice A.D. Maria Clete, ruled against the petitioner, citing constitutional principles of equality and non-discrimination under Article 15. The court also imposed exemplary costs of ₹25,000 on the petitioner for what it described as an “irresponsible” and “inhumane” attempt to create unrest among villagers.
Background of the Case
The case, titled Kammavar Samuga Nala Sangam v. The District Collector, Virudhunagar District (W.P. (MD) No. 24623 of 2024), was initiated by the petitioner, an association representing a specific community in Tamil Nadu. The association alleged that funeral processions through their residential streets were causing “public nuisance” and sought to direct villagers to use alternate routes to reach the burial ground.
The respondents included the District Collector, the Tahsildar, the President of the Panayadipatti Village Panchayat, local police authorities, and private individuals who were allegedly involved in conducting these processions.
Key Legal Issues
1. Right to Use Public Streets: The petitioner claimed a legal right to restrict funeral processions on public streets in residential areas.
2. Alleged Public Nuisance: The petition attempted to characterize funeral processions as a nuisance that justified limiting their access to specific routes.
3. Discrimination and Constitutionality: The court scrutinized the petition under the lens of Article 15 of the Constitution, which prohibits discrimination based on caste, creed, or community.
Court’s Decision
The court found no legal merit in the petitioner’s claim. It observed:
– Public Access to Streets: “Public streets and roads vested with the concerned Panchayat are open for free and open enjoyment by every villager or other sections of the general public, irrespective of caste, creed, and community.”
– Unconstitutionality: The court stated that the petitioner’s prayer and supporting affidavit amounted to discrimination and were therefore “unconstitutional and illegal.”
– Motive of the Petition: The court criticized the petitioner’s association, noting, “The petitioner’s Association is a responsible body, which should address the welfare measures of its members and not degrade itself by creating unrest among villagers through such irresponsible writ petitions.”
Costs Imposed
In view of the baseless nature of the petition, the court imposed costs of ₹25,000 on the petitioner, directing the amount to be paid to the Legal Services Committee of the Madurai Bench within 15 days.
Legal Representation
– For the Petitioner: Advocate I. Velpradeep
– For the Respondents:
– R1 & R2: Government Pleader P. Thilakkumar
– R4 & R5: Government Advocate (Criminal Side) P. Kottai Chamy
