ELIZABETH F.SANTHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) A "grave" issue has been brought forth for adjudication. The writ petitioner's husband / Nelson who passed away on 13/3/2023 was buried in the cemetery maintained by the St. Thomas Forane Church. It is not in dispute that the petitioner's husband was a member of the said church and that the burial was done as per the usual rites and customs. While so, the petitioner now wants to exhume her husband's bodily remains and re-bury the same in her own land.

(2.) The Church has filed a detailed counter-affidavit. The cemetery is located in S.No.302/1A and measures 33.7 cents approximately. It is said to be in existence for over 500 years. It is located very near the seashore. According to the Church, the cemetery has been divided into four partitions (four quarters). The bodies are being buried at the depth of five feet in alcoves formed by layering new sand over the old. Paragraph Nos.G, H, I and J of the counter affidavit read as follows:-

(3.) I carefully considered the petitioner's counsel's emotional plea for exhumation as well as the rival contention that there is no right as such.