S.MICHAEL PANDIAN vs THE DISTRICT COLLECTOR

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
WP No.10478 of 2024 and Cont.P.No.3813 of 2026
WP No. 10478 of 2024
CNR:{HCMA010686722024}
S.Michael Pandian
No 375 O.V. Joseph Street Golden George Nagar
Chennai 600 107 Petitioner
Vs
1.THE DISTRICT COLLECTOR
CHENNAI DISTRICT SINGARAVELLAN MAALIGAI
RAJAJI SALAI CHENNAI 600 001
2.THE THASILDAR
AMBATTUR CHENNAI 600 003
3.THE EXECUTIVE ENGINEER
TAMIL NADU HOUSING BOARD J.J. NAGAR DIVISION
THIRUMANGALAM CHENNAI 600 101
4.THE COMMISSIONER
GREATER CHENANI CORPROATION RIPON BUILDING
CHENNAI 600 003
5.THE COMMISSIONER OF POLICE
GREATER CHENANI CORPROATION VEPERY CHENANI 600 007
Page 1 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
6.THE ZONAL OFFICER
ZONE VII, GREATER CHENNAI CORPROATION AMBATTUR
CHENNAI 600 053
7.THE ASSISTNT ENGINEER
DIVISION 93, ZONE VII GREATER CHENNAI CORPROATION
MUGAPPAIR, CHENANI 600 037
8.THE INSPECTOR OF POLICE
V-7 NOLAMBUR POLICE STATION NOLAMBUR CHENNAI 600 037
9.A.DEVANEEDHI
NO 1, ASIRVADHAM NAGAR MUGAPPAIR,
CHENNAI 600 037 : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
th
issuance of a Writ Mandamus directing the 4 respondent to pass orders for
the burial and ceremonies of the dead Christians in Old Survey No 431 (part)
Town Survey No.67 Mugappair Village, Ward H Block 58, Chennai 600 107 to
an extent of 66 Ars, as claimed by the petitioner in his petition dated
21.06.2023 and directed by the first respondent in his letter Ref.Na.Ka.
No.J13/14420/2023 dated 14.07.2023 in a time bound period.
For Petitioner Ms.U.Santhanalakshmi
For Respondents Mr.A.Arun Babu
Standing counsel for RR 4,6,7
Mr.C.A.Ramanan,
Govt Advocate, for RR1,2
Mr.N.Palanivel,
Govt Advocate (Crl side) for RR 5,8
Mr.S.Punniyakoti for R9
Mr.D.Veerasekaran,
Standing counsel for, R3
Page 2 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
CONT P No. 3813 of 2026
CNR:{HCMA012199972026}
S.Michael Pandian
No. 375, O.V. Joseph Street, Golden George Nagar,
Chennai 600 107. Petitioner
Vs
1. Mrs. Malathi Helan, IAS.,
The District Collector, Chennai District, Singaravellan
Maaligai, Rajaji Salai, Chennai 600 001.
2.Mrs. Dolly,
The Thasildar, Ambattur, Chennai 600 003.
3.Mr. C.Prasad,
The Executive Engineer, Formerly at Tamil Nadu
Housing Board, J.J. Nagar Division, Thirumangalam,
Chennai 600 101. Presently at Tamil Nadu Housing
Board, I Main Road, CIT Nagar (J.J.Nagar Division),
Nandanam, Chennai 600 035.
4.Mr. G.S.Sameeran, I.A.S.,
The Commissioner, Greater Chennai Corporation, Ripon
Building, Chennai 600 003.
5.Mr. A.Amalraj, I.P.S.,
The Commissioner of Police, Greater Chennai
Corporation, Vepery, Chennai 600 007.
6.Mr. Thanigaivelan,
The Zonal Officer, Zone VII, Greater Chennai
Corporation, Ambattur, Chennai 600 053.
7.Mr. Sekar,
The Assistant Engineer, Division 93, Zone VII, Greater
Chennai Corporation, Mugappair, Chennai 600 037.
8.Mr. Ilangani,
The Inspector of Police, V-7, Nolambur Police Station,
Nolambur, Chennai 600 037.
Page 3 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
9.A.Devaneedhi,
No. 1, Asirvadham Nagar, Mugappair, Chennai 600 037. Contemnors
Petition filed to punish the respondents for deliberate disobedience and
violation of the order passed in W.P.No. 10478 of 2024 dated 11.02.2026
For Petitioner Ms.U.Santhanalakshmi
For Contemnors Mr.A.Arun Babu,
Standing counsel for RR 4,6,7
Mr.C.A.Ramanan,
Govt Advocate for RR1,2
Mr.N.Palanivel
Govt Advocate (Crl side)
for RR 5,8
Mr.S.Punniyakoti for R9
Mr.D.Veerasekaran,
Standing counsel forR3
COMMON ORDER
(Order of the Court was made by G.Arul Murugan, J.)
WP No.10478 of 2024 is filed seeking a Mandamus, directing the
fourth respondent to pass appropriate orders for the burial and
ceremonies of dead Christians at Old Survey No 431 (part) Town
Survey No.67 Mugappair Village, Ward H Block 58, Chennai 600 107.
2. Heard learned counsel appearing on either side and perused
the materials placed before us.
Page 4 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
3. The subject property which is around an extent of 66 ares is
stated to be a burial ground, intended for the benefit of the Christian
community. The burial ground is in use for the past 40 years. The
ninth respondent in the writ petition, who was entrusted with the task
of maintaining the burial ground, was alleged to have started collecting
a sum of ₹40,000, initially, and thereafter, gradually increased it to
₹1 lakh, for allowing the burial of a dead body. Since the persons of
the community were not able to have a free access, they have made
repeated complaints and representations and thereafter, this writ
petition has been filed, seeking the aforesaid direction.
4. In the writ petition, this Court has passed a series of orders.
By order dated 26.11.2025, statement made by the learned State
counsel to the effect, that as the revenue records in respect of the
subject-land were earlier mutated in favour of the Housing Board, and
the Housing Board does not want the land, the same would be
reclaimed through appropriate correction/mutation in revenue records
was recorded. The further submission of learned State Counsel that
soon thereafter, the land would be transferred to the local body for
taking appropriate action towards declaration of the land as burial
ground was also recorded. Paragraph 2 of the said order is extracted
Page 5 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
hereunder:
“ 2. Today, when the matter comes up for hearing,
learned State counsel would apprise the Court that, as the
revenue records in respect of the subject-land were earlier
mutuated in favour of the Housing Board and the Housing
Board does not want that land, the same would be re-claimed
through appropriate correction/mutation in the revenue
records. Soon thereafter the land would be transferred to the
local body for taking appropriate action towards declaration
of the land as burial ground.”
5. When the aforesaid process was ongoing, in the subsequent
hearing, it was represented that the ninth respondent was continuing
to create nuisance by collecting money. In such circumstances, this
Court had directed the authorities to take strict action and ensure that
the ninth respondent or any other person related to him shall not be
allowed to collect any charges from those who are coming to the burial
ground. The status report was directed to be filed by the jurisdictional
police station. The order dated 11.02.2026 reads as under:
“Learned State counsel is granted two weeks’ time to file
status report.
2. In the meanwhile, the Revenue, Police and Corporation
th
authorities shall strictly ensure that the 9 respondent or any other
person related to him or his agent should not be allowed to collect
Page 6 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
any charges from those who are coming to the burial ground.
3. A status report shall also be obtained from the
jurisdictional police station whether there are instances of
respondent No.9 or members of his family or any other agent
collect money from those who are coming to the burial ground.”
6. Subsequently, based on the aforesaid directions, the police
have registered a case as against the ninth respondent for offences
under Sections 301, 329(3), 316(2), and 318(4) of BNS, 2023, in
Crime No. 293 of 2025. The ninth respondent had approached this
Court, seeking anticipatory bail, in Criminal OP No. 25768 of 2026,
wherein the learned Single Judge by order dated 13.02.2026, by
recording the affidavit filed by the ninth respondent stating that he has
vacated the entire premises and handed over the possession, and he
has no claim over the burial ground in future, had granted anticipatory
bail with certain conditions. Paragraph 6 and 7 of the aforesaid order
are extracted hereunder:
“6.Today, the learned Counsel for the petitioner has filed
an undertaking affidavit of the petitioner, wherein it has been
stated that on 16.09.2026, this Court directing the petitioner to
vacate from the premises situated at Survey No.431, H-Block,
No.67, Mogappair, Ambattur, Chennai. He has completely vacated
the said property and handed over peaceful possession of the
Page 7 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
same. He has not caused any damage to the property while
vacating and has acted in good faith. He has no claim over the
burial ground in future.
7.Considering the affidavit of the petitioner, and the
submissions made by the learned Counsel on either side, this
Court is inclined to grant anticipatory bail to the petitioner.”
7. Today, when the writ petition is taken up for hearing, learned
counsel for the petitioner submitted that as the burial ground is now
under lock and key, the members of the community will not be in a
position to have access to the burial ground to attend the ceremonies
slated to be held on 02.11.2026.
8. Considering the fact that already action has been taken as
against the ninth respondent and pursuant to the undertaking filed by
him, possession has been taken over, and now the subject property is
lying under lock and key, we are inclined to dispose of the writ petition
with the following directions:
(i) Respondent No.7, Assistant Engineer, Division
93 Zone VII, shall forthwith, in the presence of the
Inspector of Police, V-7, Nolambur Police Station, eight
Page 8 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
respondent herein, take possession of the subject-burial
ground.
(ii) From this date, the authority and possession of
the subject burial ground will vest with the Corporation of
Chennai.
(iii) The authorities shall take due steps to comply
with the undertaking given to this Court, recorded in
order dated 26.11.2025, and make necessary correction
and mutation in the revenue records, and take all steps
for getting the subject property transferred in favour of
the local body / Corporation of Chennai. This exercise
shall be completed within six months from today.
(iv) Except the Corporation of Chennai, no other
private person or any third parties will have any right
over the subject property, and no one will be entitled to
collect any charge from any members of the community,
who are intending to use the aforesaid place.
(v) The Chennai Corporation would be at liberty, to
take necessary action as against any person who
Page 9 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
interferes with the possession of the burial ground or
tries to collect any money from the members of the
community.
9. With the aforesaid directions, the writ petition stands disposed
of. There will be no order as to costs. Consequently, WMP Nos.11475,
11477 of 2024 and 45912 of 2025 are closed.
10. In view of the order passed in the writ petition, the contempt
petition stands closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)
29.10.2026
Index : Yes/No
Neutral Citation : Yes/No
tar
Page 10 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
To
1.THE DISTRICT COLLECTOR
CHENNAI DISTRICT SINGARAVELLAN MAALIGAI
RAJAJI SALAI CHENNAI 600 001
2.THE THASILDAR
AMBATTUR CHENNAI 600 003
3.THE EXECUTIVE ENGINEER
TAMIL NADU HOUSING BOARD J.J. NAGAR DIVISION
THIRUMANGALAM CHENNAI 600 101
4.THE COMMISSIONER
GREATER CHENANI CORPROATION RIPON BUILDING
CHENNAI 600 003
5.THE COMMISSIONER OF POLICE
GREATER CHENANI CORPROATION VEPERY CHENANI 600 007
6.THE ZONAL OFFICER
ZONE VII, GREATER CHENNAI CORPROATION AMBATTUR
CHENNAI 600 053
7.THE ASSISTNT ENGINEER
DIVISION 93, ZONE VII GREATER CHENNAI CORPROATION
MUGAPPAIR, CHENANI 600 037
8.THE INSPECTOR OF POLICE
V-7 NOLAMBUR POLICE STATION NOLAMBUR CHENNAI 600 037
Page 11 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )

WP No.10478 of 2024 & Cont.P.No.3813 of 2026
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN , J.
(tar)
WP No.10478 of 2024
and Cont.P.No.3813 of 2026
29.10.2026
Page 12 of 12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 05:39:19 pm )