Court Rules Licensing Exempts Crematoriums from Distance Restrictions, Dismisses Petitioners' Contention
In a significant judgment, the Madras High Court on January 21, 2026, upheld the establishment of a crematorium within 90 meters of a residential area, provided it is licensed under the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999. The Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan dismissed the petitions challenging the proximity of the crematorium, citing precedents and statutory provisions.
The petitioners, led by Murugammal, argued that the establishment violated Rule 7 of the 1999 Rules, which prohibits the burying or burning of corpses within 90 meters of a dwelling place or drinking water source unless the site is officially licensed. The respondents, represented by Mr. J. Ravindran, Additional Advocate General, countered that the site in question had obtained the necessary license, thus exempting it from the distance restriction.
The court referred to the Full Bench decision in Jagadheeswari v. B.Babu Naidu [2023 SCC Online Mad 4773], which had clarified the interplay between Rules 5 and 7. Rule 5 mandates obtaining a license from the Village Panchayat for any new burial or burning ground, while Rule 7 exempts licensed sites from the 90-meter restriction. The judgment emphasized that licensing serves as a crucial regulatory mechanism, ensuring that health and safety standards are maintained without hindering community development.
The court also noted a similar interpretation in Mathew v. State of Kerala [2022 SCC Online Kerala 1142], where the Kerala High Court upheld restrictions on burial sites without proper licensing, reinforcing the mandatory nature of such licenses under respective state rules.
Despite the petitioners' concerns about the health implications and administrative considerations of local bodies, the court found no grounds to interfere, stating that the establishment of a gasifier crematorium serves the community's interest by providing an environmentally friendly and efficient alternative for cremation.
In dismissing the petitions, the court underscored the importance of adhering to statutory provisions and judicial precedents, affirming that administrative decisions benefiting the community should not be obstructed without substantial evidence of harm.
Bottom Line:
Establishment of crematorium within 90 meters of a dwelling place or source of drinking water supply is permissible if the place is licensed as a burial and burning ground under Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999.
Statutory provision(s): Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules, 1999, Rules 5 and 7
Murugammal v. State of Tamil Nadu, (Madras)(DB) : Law Finder Doc id # 2844812
