SC To Hear Plea On Relocating Tomb In Madras HC
The High Court noted that the tombs belonged to David Yale, son of former Madras Governor (1687–1692) Elihu Yale, and Joseph Hynmer, Yale’s friend.
New Delhi: The Supreme Court on Friday agreed to hear a plea challenging an order to relocate the tombs of David Yale and Joseph Hynmer, located inside the Madras High Court premises, and ordered that status quo be maintained.
The tombs, situated in the compound of the Madras Law College (now Dr Ambedkar Government Law College) within the High Court campus, were declared protected monuments through a January 1921 notification in the Fort St. George Gazette.
A bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Ministry of Culture and others, seeking responses within four weeks on the plea that challenges the April 2025 High Court order.
During the hearing, senior advocate Shyam Divan, appearing for the petitioner, requested that the monuments be preserved. The apex court noted, “Issue notice, returnable within four weeks… insofar as this monument is concerned, status quo be preserved.”
The matter stems from a June 2023 single-judge order of the Madras High Court, which held that the tombs were not ancient monuments, allowing a plea for their relocation. In April 2025, a division bench upheld that order and dismissed appeals.
The High Court noted that the tombs belonged to David Yale, son of former Madras Governor (1687–1692) Elihu Yale, and Joseph Hynmer, Yale’s friend. Elihu Yale later returned to England in 1699 and made a donation to Connecticut College, USA, which subsequently evolved into Yale University.
The court observed that no material was presented to establish the tombs’ historical, archaeological, or artistic value, apart from references to Elihu Yale’s later contributions in the US, including Yale University’s establishment of a Tamil studies department.
