A division bench of Justices M Sathyanarayanan andM Nirmal Kumar dismissed the petition by SathiyanarayananSelvanthan, a social activist, when it came up for hearingthrough video conference mode.
The bench in its order said the plea was not maintainablefor the reason that a similar request made by the wife of thedeceased has been rejected by the state government.
"In the result, the writ petition stands dismissed at theadmission stage itself.
However, if the family members of the deceased MedicalPractitioner approach this Court by making a challenge to thesaid rejection order, this court would take a call in the saidlitigation," it said.
The Chennai corporation authorities had turned down theplea by the wife of the deceased for exhuming his body andburying it in another cemetery, citing health experts' viewthat it was unsafe to do so.
Earlier, the court took note of the violent protests by amob against the burial of Simon Hercules, the neurosurgeon, inKilpauk here and observed that a decent inter was a rightunder the Constitution and issued notices to the Tamil Nadugovernment and the DGP.
The doctor had succumbed to COVID -19 on April 19.
The ambulance in which his body was carried wasvandalized by some people, who falsely feared that the burialin Kilpauk cemetery may lead to the spread of contagion inthat area.
The mob had attacked the corporation health employees andassociates of the deceased doctor.
The doctor's wife and son also had to leave the burialground in view of the violence.
Later, the body was taken to another crematorium andburied amid police security.
Over a dozen men involved allegedly in violence werearrested and remanded to judicial custody.
Referring to the violent protests during the burial ofthe doctor's body, the petitioner said it was "verydistressing" and such acts by certain people amount toobstruction of right for a decent burial.
The petitioner submitted that as per our tradition andculture, dignity should be extended to the dead.
Observing that late Simon Hercules deserved a dignifiedburial, he alleged that the burial was done at Velangaducrematorium indecently and in a hasty manner.
He further submitted that the morale of the doctors andhealthcare workers, who are on the frontline in the fightagainst COVID19 should never be put down.
Hence, he sought a direction from the court to takenecessary steps to ensure the decent burial of Simon Herculesby disinterring his mortal remains from Velangadu crematoriumand interring it in Kilpauk cemetery as per his religiousrights and customs. COR ROH ROH