Approval of burial ground conversion on poramboke land upheld after reasoned enquiry addressing environmental and procedural objections.

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 conversion of a portion of land in survey No.547, Gerugambakkam Village, as burial ground, came to be rejected.

2.It is the case of the petitioner that the land in survey No.547, measuring an extent of 1.88.5 hectares at Gerugambakkam Village, Kancheepuram District, is classified as Government poramboke 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 would result in environmental degradation and public nuisance. Further, the land is situated adjacent to residential houses and the conversion is made without following the statutory procedures and the establishment of a burial ground would contaminate the groundwater source also. The District Collector had rejected the objections without considering these vital aspects, which is assailed in the writ petition.

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 converting the land as burial ground and the same has not been considered by the District Collector. He further submitted that the petitioner had 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, taking 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 demand 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 materials available on record.

6.At the outset, it is to be noted that there is an extent of 1.88.50 hectares in survey No.547 of Gerugambakkam Village, which is admittedly classified as Government Poramboke land. There 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 above 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 converted 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 enquiry. The petitioner had participated in the enquiry and all the objections were considered by the authority. The alternative place suggested 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.

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 meters away from the School. Further, there is only a drainage channel running nearby and there is no possibility of any environmental issu