W.P.No.2334 of 2025 THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 2334 of 2025 and W.M.P.No.2658 of 2025 1.S.Ramesh Kumar 2.Murugammal ...Petitioners Vs. 1.State of Tamil Nadu, Rep. by its Chief Secretary, Fort St.George, Chennai - 600 009. 2.The Secretary to Government of Tamil Nadu, Rural Development and Panchayatraj Department, Fort St.George, Chennai - 600 009. ...Respondents Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Declaration, to declare Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999 as ultra vires and beyond the scope of the Tamil Nadu Panchayats Act, 1994 as the rules framed there under are also value and baseless without specifying expressly the rules and regulations to be fo llowed in respect of the licensing and 1/4 https://www.mhc.tn.gov.in/judis W.P.No.2334 of 2025 operation by private person/s or entities for private burial and burning grounds. For Petitioners : Mr.M.Purusothaman For Respondents : Mr.P.Balathandayutham Special Government Pleader O R D E R Challenge is to the rules, mainly on the ground that the Act does not provide for private burial grounds. 2. We find that the writ petition itself is based on misconception. Section 110 of the Tamil Nadu Panchayats Act, 1994 (herein after referred as the Act) imposes a duty on the Panchayat to open and maintain burial and burning grounds. Section 116 of the Act enables two or more village panchayats to have a common burial and burning ground. Section 242 of the said Act empowers the Government to frame rules regarding certain matters provided under the Act. Section 242 (2) (xxxi) provides for framing rules as to provision of burial grounds and burning grounds; licensing of private burial and burning grounds. That by itself would show that the establishment of private burial ground is not prohibited under the Act. The 2/4 https://www.mhc.tn.gov.in/judis W.P.No.2334 of 2025 rules provide that all burial grounds should be registered and it shall not operate without a license from the authority concerned. 3. Rule 7 of the Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999 also provides for certain criteria for establishing a burial ground. Hence, we do not see any infirmity in the rules. This Writ Petition is therefore, dismissed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 29.01.2025 kkn Index: No Speaking Neutral Citation :No 3/4 https://www.mhc.tn.gov.in/judis W.P.No.2334 of 2025 R.SUBRAMANIAN, J. and C.KUMARAPPAN, J. KKN To: 1.The Chief Secretary, State of Tamil Nadu, Fort St.George, Chennai - 600 009. 2.The Secretary to Government of Tamil Nadu, Rural Development and Panchayatraj Department, Fort St.George, Chennai - 600 009. W.P.No. 2334 of 2025 and W.M.P.No.2658 of 2025 29.01.2025 4/4 https://www.mhc.tn.gov.in/judis