CRL OP/31906/2026 of T.Nandakumar Vs The State of Tamil Nadu, Rep.by its, Additional Ch on 30 October 2026

Order

This Criminal Original Petition has been filed to direct the third respondent to hand over the mortal remains of the petitioner’s father, Late.V.Thiagarajan to the petitioner forthwith for the purpose of cremation and last rites, and to direct the respondent Nos.5 to 7 not to interfere with the petitioner in conducting the funeral, while permitting them to attend and participate in the same.

2. The petitioner, who is the son of the deceased, viz., V.Thyagarajan, claims that respondent Nos.5 to 7 had driven his father out of the matrimonial residence about six years prior to his demise. Since then, the petitioner had been taking care of his father by providing food, shelter, medical assistance and all his day-to-day necessities. While residing in their ancestral property, his father developed aspiration pneumonia with respiratory failure and was admitted to J.V. Hospital, Kodambakkam, Chennai, where he succumbed to his illness on 28.10.2026 at about 8.25 p.m. Following his demise, the hospital authorities handed over the mortal remains of the deceased, V.Thyagarajan to the petitioner, who took the body to his residence at around 12.00 hours midnight. On the following day, i.e., 29.10.2026, the fifth respondent, who is none other than the wife of the deceased, lodged a complaint before the third respondent alleging that her husband's death was suspicious and seeking a post-mortem examination. On receipt of the complaint, the third respondent registered an FIR in Crime No.329 of 2026. Pursuant thereto, the mortal remains of the deceased were taken to the hospital for post-mortem examination on 30.10.2026. The body is presently kept at ESI Hospital, K.K. Nagar, Chennai.

3. The learned counsel appearing for respondent Nos.5 to 7 submitted that the petitioner had forcibly taken his father from their custody and removed him

from their residence with an intention to grab the properties acquired by the deceased by obtaining wills and settlement deeds in his favour. It was further submitted that the ancestral property in which the petitioner is residing is also the subject matter of a dispute among the brothers of the deceased, V.Thyagarajan. With a view to usurping the said property, the petitioner had taken custody of the mortal remains of his father and thereafter denied him access to his family members, namely, respondent Nos.5 to 7. It was further contended that, on 26.10.2026, respondent Nos.5 to 7 received a legal notice bearing the thumb impression of the deceased instead of his signature. This gave rise to their suspicion that the petitioner and his wife had murdered his father with an intention to grab the entire properties.

4. The learned counsel for the petitioner submitted that the last wish of the deceased V.Thyagarajan was that the petitioner, being his elder son, should perform his last rites at his residence. Hence, he sought a direction to hand over the mortal remains to the petitioner.

5. Heard the learned counsel on either side and perused the materials placed on record.

6. On perusal of the records, it is evident that the deceased is survived by his wife and three sons. The wife of the deceased and the other two sons are

residing in the house where the deceased had lived for nearly 50 years. In such circumstances, particularly when the wife of the deceased is alive and the FIR itself was registered pursuant to her complaint, expressing suspicion against the petitioner and his wife regarding the circumstances surrounding her husband's death, the mortal remains cannot be handed over exclusively to the petitioner.

7. However, considering the submissions made by the learned counsel for the petitioner, the third respondent is directed to take the mortal remains of the deceased, V. Thiagarajan, to the petitioner's residence after completion of the post-mortem examination and permit the petitioner and his family members to pay their last respects for a period of two hours. Thereafter, the mortal remains shall be handed over to respondent Nos.5 to 7. The petitioner is also at liberty to visit the residence of respondent Nos.5 to 7 and participate in the performance of the last rites of his father.

8. With the above observation, this Criminal Original Petition stands disposed of. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AH NOTE: ISSUE ORDER COPY ON 30.10.2026.

To

1. The Additional Chief Secretary to Government, Home (Police) Department, Secretariat, Fort St.George, Chennai.

2. The Commissioner of Police, Police Commissionarate, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai.

3. The Inspector of Police, R3, Ashok Nagar Police Station, Chennai.

4. The Dean / Medical Superintendent ESI Hospital, KK Nagar, Chennai.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN J. AH CRL OP No. 31906 of 2026 30-10-2026