The Supreme Court on Friday agreed to hear a plea challenging the Madras High Court’s order permitting the relocation of the tomb of David Yale and Joseph Hynmer, located within the compound of the Madras Law College (now Dr Ambedkar Government Law College) on the Madras High Court campus. The apex court also directed that status quo be maintained with respect to the monument.
A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Ministry of Culture and other respondents, seeking their replies within four weeks. “Issue notice, returnable within four weeks,” the bench said while considering the petition.
Senior advocate Shyam Divan, appearing for the petitioner, submitted that no immediate stay was necessary, but preservation of the status quo was essential to protect the monument until the matter was adjudicated.
The tomb in question, containing the remains of David Yale, son of former Madras Governor Elihu Yale (1687–1692), and Joseph Hynmer, a close associate of the Governor, was declared a protected monument by a notification published in the Fort St. George Gazette in January 1921.
In June 2023, a single judge of the Madras High Court allowed a petition seeking to declare that the tomb was not an ancient monument under law, and directed that it be relocated within a specified time frame. This order was subsequently upheld in April 2024 by a division bench of the high court, which dismissed the appeals against the single judge’s ruling.
The Madras High Court had observed that no material or evidence was presented to establish that the tomb had historical, archaeological, or artistic significance. The only argument advanced was that Elihu Yale, who served as Governor of Madras until 1692 and later returned to England, had made substantial donations to Connecticut College in the United States, which eventually developed into Yale University and established a Tamil studies department.
The division bench concluded that these connections, while noteworthy, were insufficient to classify the tomb as a protected ancient monument deserving statutory safeguards.
The Supreme Court’s interim order to preserve the status quo effectively halts any relocation of the tomb until the matter is fully considered.
