In a significant ruling, the Madras High Court has cancelled the burial ground license granted to a Church-affiliated group in Madananthapuram, Chennai, and directed that bodies already buried there be exhumed and relocated. The dispute arose after a real-estate developer objected that the burial ground was too close to a new residential apartment project.
Background
The petitioner, M/s Stellar Developer, had constructed residential units named Blue Tide in Survey No.216/2C. During construction, burials began on adjacent land owned by a Church Trust. The developer said the land was never declared a burial ground and claimed prospective homebuyers were backing out after learning of burials near the building.
The Church, however, argued that the land was purchased specifically to provide burial space since existing cemeteries were already congested. It also claimed it had earlier sought permissions and relied on a No Objection Certificate issued by the Tahsildar in 2021.
Court’s Observations
Justice N. Mala noted that the Greater Chennai Corporation issued the cemetery license in extraordinary haste, even though Government approval for the rules governing such licenses was still pending. The Court pointed out that burial grounds are allowed only one per subdivision, and the locality in question already had other cemeteries nearby.
The Judge remarked that authorities appeared to have acted “without proper application of mind” and that the license was issued after burials had already begun, instead of stopping them.
The bench observed, “When a statute prescribes a manner for doing something, it must be done in that manner or not at all.”
The Court also referenced that the Church’s land did not meet the minimum area requirement for a burial ground under proposed rules, and that fees required for issuing the license had not been collected from the applicant.
Decision
The High Court set aside the cemetery license dated 27.02.2024 and directed that:
- All bodies buried on the land must be exhumed and reburied in officially designated burial grounds.
- The 5th respondent (Church representative) must carry out the exhumation; if not, the Corporation and local police shall do so and recover the cost from the Church.
- The entire exhumation process must be completed within 12 weeks.
- The Church is free to apply for a fresh license once Government-approved rules come into effect.
The article ends at the court’s decision.
Case Title: M/s. Stellar Developer vs. The Commissioner, Greater Chennai Corporation & Others
Court: High Court of Judicature at Madras
Bench: Justice N. Mala
Case No.: W.P. No. 35426 of 2024
Decision Date: 03 November 2025