Madras High Court orders exhumation of bodies in church cemetery

CHENNAI: The Madras High Court has reiterated that burials must take place only in officially designated areas and ordered the exhumation of bodies buried in a private cemetery attached to a church in Chennai. The cemetery is located near a residential complex in Madananthapuram village, under Alandur Taluk. Justice N. Mala issued the directive while allowing a writ petition filed by Stellar Developer, a Tirupur-based construction firm. The petitioner sought to revoke the burial license erroneously granted by the Greater Chennai Corporation (GCC) to Dr. Samuel Carolinius of CSI St. Matthews Church for land owned by S. Albert Kings Bell. Referring to the Full Bench ruling in Jagadheeswari and others vs. B. Babu Naidu , the judge noted that under the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999, burials can be conducted only in designated areas. Justice Mala therefore instructed the landowner, Albert Kings Bell, to exhume the buried bodies within 12 weeks. If he fails to comply, the GCC has been directed to carry out the exhumation and recover the costs from him. The court also set aside the February 27, 2024 order granting the burial license, citing procedural irregularities and violations of statutory provisions under Section 388(4) of the Tamil Nadu Urban Local Bodies Act. The judge remarked that the approval had been granted with undue haste to circumvent proposed regulations, describing the act as mala fide and arbitrary, undermining the rule of law. However, the landowner has been granted liberty to file a fresh application, which must be evaluated by the GCC Commissioner strictly in line with statutory provisions, rules, and guidelines. The petitioners had contended that although construction on the site began in 2021, Albert Kings Bell continued to conduct burials without authorization, despite the land not being designated as a burial ground.