2026:MHC:633 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WP No. 28529 of 2015 and MP.Nos.1, 2 & 3 of 2015 R.Gokulakrishnan ..Petitioner(s)

Vs

1. Government of Tamil Nadu Represented by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2. The District Collector Kancheepuram, Office at Collectorate Kancheepuram District.

3. The Tahsildar Sholinganallur Taluk, Sholinganallur, Kancheepuram District 4. The Commissioner Corporation of Chennai, Office at Ripon Building, Park Town, Chennai-600 003.

5. The Assistant Commissioner/

Zonal Officer, Corporation of Chennai, Division No.188, Zone 14, Puzhuthivakkam, Chennai-600 091.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the entire records which culminated in issuing the proceedings in Na.Ka.6696/2011/A1 dated 04.09.2015 on the file of the third respondent, quash the same and consequently direct the respondents to restore the grave yard which was in existence in the land in Survey Nos.68/2 and 3, New Survey No.68/110, Madipakkam Village, Sholinganallur Taluk, Kancheepuram District.

For Petitioner(s): Mr.A.Praveenkumar for M/s.K.Venkata Subbaraju For Respondent(s): Mr. P.Anandakumar, Government Advocate (for R1 to R3)

Ms.N.Lavanya for Mr.E.C.Ramesh, Standing Counsel (for R4 and R5)

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.)

The challenge in this writ petition is to proceedings dated 04.09.2015 of the Tahsildar, Sholinganallur Taluk/R3, as per which the property at Survey Nos.68/2 and 3, Madipakkam Village, re-classified as Survey No.68/110 (‘property’/’property in question’) should be restored and should be permitted to be utilised as a graveyard, as was the position earlier.

2.The history of the matter is this. WP.No.27928 of 2007 had originally been filed by one Mr.Velayutham Pillai, seeking a mandamus directing the official respondents to consider and take action in respect of illegal use of various plots in Puzhudhivakkam Municipality, Tambaram Taluk, Kancheepuram District. The writ petition was disposed directing the authorities to take action within a fixed time frame.

3.While so, WP.No.17422 of 2016 have come to be filed by Mr.R.Kulothangan and others seeking a mandamus directing the respondents to re-classify the subject property as Kuttai Poramboke/Battai Poramboke and take action to remove the encroachments therein. As public opinion was that the subject property was to be used as a burial ground, there was a demonstration by the public forcing the officials of the Corporation, Revenue and Police Department to open the property for their use as cremation ground.

4.In fact, the trigger for the present writ petition is that the father of the writ petitioner, Mr.Ramamoorthy, had passed away on 08.09.2015 and the petitioner had attempted to use the subject property as a cremation ground. Since he had been estopped from doing so, the classification of the land has come to be challenged in the present writ petition.

5.WP.No.17422 of 2016, also dealing with the classification of the subject property had been heard by this Court and by order dated 30.08.2019, WP.No.17422 of 2016 had been dismissed. The operative portion of that order reads thus:

‘4. The 5^th respondent, the Tahsildar filed a counter wherein he has categorically stated that the lands in Survey No.68/2, measuring 3.75 acres and Survey No.68/3, measuring an extent of 0.95 acres originally stood classified as “Kuttai Poramboke/Battai Poromboke” as per “A” Register. But subsequently, after due enquiry, pattas were granted in the year 1967 itself. Further, the Tahsildar has stated that the lands were originally classified as “Kuttai Poromboke/Battai Poromboke” due to wrong correlation and based on the Revision Petitions filed by the original land owners, enquiry was conducted by the Assistan