Justice S.Marimuthu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Justice S.Marimuthu ... Petitioner Vs.

1.The Commissioner, 2.The Deputy Commissioner, 3.The City Health Officer, 4.Zonal Health Officer VIII, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for 1/6

issuance of a Writ of Mandamus, directing the respondents 1 to 4 to grant permission to the petitioner to erect tomb and pathway for the cemetery of the Petitioner's son-in-law P.Tharmaraj from the road inside kilpauk Christian Cemetery burial ground, Chennai in considering the Petitioner's application dated 22.10.2021 and 17.12.2025.

For Petitioner : Mr.R.Vijayakhumar For Respondents: Mr.Aswini Devi, Standing Counsel

ORDER

The petitioner has approached this Court seeking a direction to the respondents to permit him to erect a tomb over the grave of his son-in-law, one Tharmaraj.

2. The petitioner's son-in-law passed away on 12.05.2021 at Valasaravakkam within the limits of the Greater Chennai Corporation.

3. He was interred as per Christian Rites and Customs at the Kilpauk Christian Cemetery on 13.05.2021. The petitioner approached the respondents with an application on 22.10.2021, seeking permission from the respondents 1 to 3 to construct a tomb over the place of burial. As the same had not been considered, he is before this Court. 2/6

4. I heard Mr.R.Vijayakhumar, learned counsel for the petitioner and Ms.Aswini Devi, learned Standing Counsel for the respondents.

5. Ms.Aswini Devi states that the Corporation has taken a policy decision in the year 2017, restricting the area for construction of tombs across the city of Chennai. However, within the permissible limits prescribed for such construction of tomb, respondents 1 to 3 have the power to grant permission for erection of a tomb. She states that Corporation charges a sum of Rs.500/- per sq.ft., for raising a tomb. According to her, the amount that the petitioner would have to pay is about Rs.9,000/-. Once the petitioner pays the amount, the Corporation will pass appropriate orders, granting permission to raise the tomb over the petitioner's son-in-law's place of burial. She states that the said exercise will be completed within a period of four weeks from the date of payment of Rs.9,000/- by the petitioner.

6. Mr.R.Vijayakhumar states that the petitioner will pay the amount immediately on intimation from the 3rd respondent. 3/6

7. The statement of Ms.Aswini Devi and R.Vijayakhumar are recorded. The 3rd respondent is directed to intimate the petitioner regarding the amount that the petitioner will have to pay, in order to process his application further.

8. Considering the age of the petitioner, the respondents shall do the needful within a week from the date of receipt of a copy of this order. The Respondents shall act on a web copy of this order and will not wait for receipt of a certified copy.

9. With the above observations, this Writ Petition is disposed of. No costs.

25.02.2026 ssn To 1.The Commissioner, 2.The Deputy Commissioner, 4/6

3.The City Health Officer, 4.Zonal Health Officer VIII, 5/6

V.LAKSHMINARAYANAN, J., ssn 25.02.2026 6/6