Kiruthika v. The Director General of Police

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the fourth respondent to exhume the remains of the petitioner's grandfather, viz., Moorthy @ Ramanatha Moorhty Swamigal.

¶2Heard the learned counsel appearing on either side and perused the materials available on record.

¶3The petitioner is the granddaughter of the deceased, Moorthy @ Ramanatha Moorhty Swamigal. It is stated that the deceased had two wives. He gave birth to four daughters through his first wife. The petitioner is the daughter of one of the daughters born through the first wife. According to the petitioner, there is a dispute between among the legal heirs with regards to the property of the deceased. While being so, the petitioner's grandfather died on

06.09.2024. It is the case of the petitioner that even before her arrival, the body was buried as per the instructions of the legal heirs of the second wife. The petitioner and her family members were not informed about the burial of her Page4 of 7 grandfather. Further, the petitioner is also suspected the nature of his demise. Thereafter, on 29.04.2025, nearly eight months after the burial, the petitioner lodged a complaint alleging that she has some suspicious reason on the death of her grandfather and as such, she requested the respondents to exhume the body of the deceased and conduct a postmortem.

¶4The learned Senior Counsel appearing for the petitioner submitted that the respondent failed to follow the prescribed procedure while burying the body of the petitioner's grandfather, since the burial was allegedly conducted near a temple. However, it is seen that the complaint seeking exhumation was lodged only after a lapse of nearly eight months from the date of burial. Thereafter, the petitioner filed the present writ petition only in the month of November 2025. Therefore, there is no chance for any remains of the dead body after two years. That apart, there is a property dispute between the legal heirs of the deceased. In order to resolve the said dispute, the petitioner has indirectly filed the present writ petition under the guise of alleging suspicious circumstances surrounding the death of her grandfather and the body was buried near the temple. Page5 of 7

¶5In view of the above, the direction sought for in this petition cannot be granted. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this Writ Petition (Criminal) stands dismissed. No costs. 07-07-2026 Index: Yes/No Speaking/Non-speaking order LPP To

1.The Director General of Police Office of The Director General of Police, Head of Police Force Govt. of Tamil Nadu Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Director of Medical Education Directorate of Medical Education, 162, Periyar E.V.R.High Road Kilpauk, Chennai.

3.The Inspector General West Zone Race Course Road, Thomas Park, Race Course,

4.The District Collector Collectorate Building, Page6 of 7

5.The Superintendent of Police The Superintendent of Police Office, State Bank Road, Gopalapuram,

6.The Inspector of Police National Highway 47, KG Chavadi, kandegoundan Chavadi Police Station,

7.The Dean Office of the Dean Coimbatore, Government Medical College Hospital,

8.The Deputy Superintendent of Police Perur Sub-Division, Somayampalayam, Vadavali,

9.The Public Prosecutor, High Court of Madras, Chennai. Page7 of 7 G.K.ILANTHIRAIYAN J. LPP 07-07-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Kiruthika ..Petitioner Vs 1. The Director General of Police Office of The Director General of Police, Head of Police Force Govt. of Tamil Nadu Dr.Radhakrishnan Salai, Mylapore, Chennai. 2. The Director of Medical Education Directorate of Medical Education, 162, Periyar E.V.R.High Road Kilpauk, Chennai. 3. The Inspector General West Zone Race Course Road, Thomas Park, Race Course, 4. The District Collector Collectorate Building, 5. The Superintendent of Police Office, State Bank Road, Gopalapuram, Page2 of 7 6. The Inspector of Police National Highway 47, KG Chavadi, kandegoundan Chavadi Police Station, 7. The Dean Office of the Dean Coimbatore, Government Medical College Hospital, 8. The Deputy Superintendent of Police Perur Sub-Division, Somayampalayam, Vadavali, ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the respondent No.4 to exhume the remains of my late Grandfather Mr.Moorthy @ Ramanatha Moorthy Swamigal son of Muniyappa Mudhaliyar, from the Sree Ramanantha Moorthy Swamygal Charitable Trust, Situated at No.1/14, Vinayagar Kovil Street, Palakkadu Main Road, Navakarai Post, Coimbatore, and direct the respondents No.2 and 7 to conduct a postmortem by a team of two doctors who have masters degree in Forensic Medicine attached to two different Medical College Hospitals in the state at the 7th respondent hospital, adhering to the norms and directions of this Honourable High Court in W.P.(MD) No.12608 of 2020 dated 02.12.2020, in Santhosh Vs District Collector, Madurai, within a stipulated time and consequently direct the respondent Nos.2 & 7 to provide a copy of the said post mortem certificate along with the copy of the videographs of the said proceedings to the petitioner on the same day that the postmortem is conducted. Page3 of 7 For Petitioner: Mr.M.Aravind Subramanian, Senior Counsel Asst.by Mr.P.Kavin Prabhu For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Crl.Side)