WP/14419/2026 of A.Prabhakaran Vs The State of Tamil nadu

W.P.No.14419 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.14419 of 2026 AND W.M.P.No.15627 of 2026 A.Prabhakaran S/o.Ambethkar No.443, VOC Street Gerugambakkam Village Kancheepuram-600 122 Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Secretary Department of Rural Development and Panchayat Raj, Secretariat Fort St. George, Chennai-600 009 2.The District collector Kancheepuram District Collectorate Office Kancheepuram-631 501 3.The Revenue Divisional Officer Sriperumbudur Taluk Kancheepuram District _________ Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 4.The Tahsildar Kundrathur Taluk Kancheepuram District 5.The Block Development Officer Kundrathur Taluk Kancheepuram District 6.The President Gerugambakkam Village Panchayat Kancheepuram District. 7.The Executive officer Gerugambakkam Village Panchayat Union Kancheepuram District. Respondent(s) PRAYER: Petition filed under Article 226 of the Constitution of I ndia seeking issuance of a writ of certiorari calling for the records relating to the impugned order vide COLKPM/5990/2025/A3 dated 23.01.2026 passed by the second respondent the District collector, Kancheepuram District, approving conversion of Survey No.547, Gerugambakkam Village, into burial grounds, and quash the same as ar bitrary, illegal, and unsustainable in law and consequently direct the res pondents to identify and allot an alternative site strictly in complianc e with all relevant environmental and public health safeguards, principles of natural justice. For Petitioner : Mr.K.M.Kanishkaran For Respondents : Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate _________ Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 ORDER (Made by G.ARUL MURUGAN,J.) Challenge in the writ petition is to the order of the second respondent/District Collector dated 23.01.2026, whereby the objections of the petitioner in granting permission for co nversion of a portion of land in survey No.547, Gerugambakkam Village, a s burial ground, came to be rejected. 2.It is the case of the petitioner that the land in surv ey No.547, measuring an extent of 1.88.5 hectares at Gerugambakk am Village, Kancheepuram District, is classified as Government porambo ke land (cart track). While so, the sixth respondent Panchayat has passed a resolution on 04.09.2025 for converting the aforesaid land into a burial ground/cemetery. The petitioner, along with villagers, had made objections to the resolution, as such a conversion wou ld result in environmental degradation and public nuisance. Further, the land is situated adjacent to residential houses and the conv ersion is made without following the statutory procedures and the es tablishment of a burial ground would contaminate the groundwater source also. The District Collector had rejected the objections without co nsidering these vital aspects, which is assailed in the writ petition. _________ Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 3.The learned counsel for the petitioner contended that there is a water channel nearby and also a water tank has been located in the land, which would get affected, in the event of conver ting the land as burial ground and the same has not been considered by the District Collector. He further submitted that the petitioner ha d suggested an alternative place, where the burial ground could be established and the present place is not suitable and is also objected by the villagers. 4.Mr.Edwin Prabakar, learned State Government Pleader, tak ing notice and appearing for the respondents, submitted that all the objections were considered by the District Collector and after finding that the objections are untenable, had rejected the same and approved the conversion of the aforesaid land as burial ground. He further submitted that it has been a long-standing deman d for nearly four decades by the Christians and Muslims in that area for providing a burial ground in the village. 5.Considered the submissions and perused the material s available on record. _________ Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 6.At the outset, it is to be noted that there is an ex tent of 1.88.50 hectares in survey No.547 of Gerugambakkam Vill age, which is admittedly classified as Government Poramboke land. Ther e had been a long-standing demand for nearly four decades by the Christian and Muslim community in that area, seeking a place for a burial ground. The sixth respondent Panchayat had also duly resolved by its resolution dated 04.09.2025, for conversion of the a bove land into a burial ground/cemetery. Out of the total extent of 1 .88.50 hectares, 0.81.0 hectares was identified and decided to be conve rted as burial ground to be given for the Christian and Muslim community, by allotting 0.40.50 hectares to each of them. 7.The petitioner had made objections and pursuant to the directions passed by this Court dated 27.11.2025 in W. P.No.45314 of 2025, the District Collector had conducted a detailed enq uiry. The petitioner had participated in the enquiry and all the objections were considered by the authority. The alternative place sugg ested by the petitioner in survey No.738/2, since it is classified as a grazing land, was not found suitable for conversion as burial ground. _________ Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 8.From the documents and materials placed, the District Collector found that the above land in survey No.547 is situated 100 meters away from the residential area and also 250 me ters away from the School. Further, there is only a drainage channel running nearby and there is no possibility of any environmental issue or hazard, in view of conversion of the land as burial ground. The a uthority had also recorded that it is a long-standing demand of nearly four decades by nearly 20,000 residents belonging to Christian and Muslim community living in the adjacent ten villages seeking for a place to be allotted as burial ground and therefore, there is urgent need for allotment. 9.The contention of the learned counsel that a water t ank is situated and the conversion of the land as burial groun d will affect the same is misplaced and is liable to be rejected, for the simple reason that the entire land has not been earmarked as burial ground and out of 1.88.50 hectares, only a portion of 0.81.0 hectare s alone has been allotted to be converted as burial ground. Therefore, the water tank or any other facility already available would remain undisturbed. _________ Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 10.When all the objections of the petitioner have been duly considered and the second respondent authority had passed a reasoned order, taking into consideration the factual aspects and the requirements to be met out, we find no error or illegality in the impugned order passed. 11.Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, interim applicat ion stands closed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 16.04.2026 Index : Yes/No Neutral Citation : Yes/No gya _________ Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 To 1. The Secretary Department of Rural Development and Panchayat Raj Secretariat Fort St. George, Chennai-600 009 2.The District collector Kancheepuram District Collectorate Office Kancheepuram-631 501 3.The Revenue Divisional Officer Sriperumbudur Taluk Kancheepuram District 4.The Tahsildar Kundrathur Taluk Kancheepuram District 5.The Block Development Officer Kundrathur Taluk Kancheepuram District 6.The President Gerugambakkam Village Panchayat Kancheepuram District. 7.The Executive officer Gerugambakkam Village Panchayat Union Kancheepuram District. _________ Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.14419 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. gya W.P.No.14419 of 2026 16.04.2026 _________ Page 9 of 9 https://www.mhc.tn.gov.in/judis