Madras High Court 
Chennai

Pay Rs 1 lakh for burial: Madras HC steps in, orders GCC to take over Mogappair cemetery

The Bench directed the authorities to complete the corrections in the revenue records and transfer the property to the Chennai Corporation within six months.

Maheswari Sriram

CHENNAI: The Madras High Court has directed the State government to transfer a 29.60-ground Christian burial ground at Mogappair to the Greater Chennai Corporation within six months, following allegations that a private individual was collecting up to Rs 1 lakh to allow burials on the premises.

S Michael Pandian of Chennai had filed a petition stating that the land in Mogappair village was earmarked for the burial and related ceremonies of deceased Christians and had been in use for the purpose for the past 40 years.

The petitioner alleged that A Devaneedhi, who was entrusted with maintaining the burial ground, initially collected Rs 40,000 for allowing a burial but gradually hiked the amount to Rs 1 lakh. As members of the community were unable to access the facility freely, they submitted several representations to the authorities before approaching the court.

When the petition came up before a Bench comprising Chief Justice S A Dharmadhikari and Justice G Arul Murugan, the petitioner's counsel submitted that the burial ground had been locked, preventing community members from attending ceremonies scheduled for November 2.

The State counsel informed the court that the revenue records were earlier mutated in favour of the Housing Board. However, as the board was not interested in retaining the land, the government would carry out the necessary corrections and revenue mutation before transferring it to the local body for use as a burial ground.

The Bench directed the authorities to complete the corrections in the revenue records and transfer the property to the Chennai Corporation within six months.

It made it clear that no private individual or third party would have any right over the property and that no one could collect charges from community members seeking to use the burial ground.

The court also authorised the Corporation to take action against anyone interfering with its possession of the property or attempting to collect money from those using the facility.

The writ petition was disposed of with these directions

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