The Supreme Court has ordered status quo on the historic Yale–Hynmers tomb, blocking its relocation. The structure stays protected until final decision.
New Delhi: The Supreme Court on Friday ordered that the status quo should be maintained regarding the historic tomb of David Yale and Joseph Hynmers, which is located inside the old Law College premises within the Madras High Court campus.
The order was given by a Bench of Justices Vikram Nath and Sandeep Mehta, who also issued notice in a petition filed by Senior Advocate T. Mohan. He had challenged the Madras High Court’s directions which had asked for the relocation of the tomb.
Senior Advocate Shyam Divan, appearing for the petitioner, argued that the High Court was wrong in saying that the tomb was not an ancient monument.
He told the Court that a Government notification dated January 20, 1921, issued under Section 3 of the Ancient Monuments Preservation Act, 1904, had already declared the tomb as a protected monument.
Divan highlighted Section 3(4) of the 1904 Act, which clearly says:
“A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this Act.”
He submitted that since the 1921 notification had never been withdrawn, the tomb’s status as an “ancient” monument was already confirmed.
According to him, no court or judicial body can question that status unless the notification itself is legally challenged and struck down.
Divan further said that after independence, the protection given to the tomb became even stronger because of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which gives national importance to such monuments.
The tomb was originally built by Elihu Yale, the Governor of Madras from 1687 to 1692, in memory of his son David Yale and his close associate Joseph Hynmer.
Elihu Yale is also remembered as the person after whom Yale University in the USA is named. This structure has stood within the Madras High Court campus for centuries and is now more than 100 years old.
The dispute began in 2022, when a litigant named B. Manoharan approached the Madras High Court. He asked for a declaration that the tomb was not an ancient monument and also requested its relocation.
His argument was that the tomb had no archaeological value under the 1958 Act and that it was blocking the High Court’s development plans.
The High Court administration had prepared a plan to convert the old Law College building into new court halls and to also build a multi-level parking facility in the open space. But the existence of the tomb was stopping the project from moving forward.
In July 2023, a Single Judge of the Madras High Court accepted Manoharan’s petition and directed that the tomb be relocated. The Court observed that just being more than 100 years old was not enough to consider the structure a “protected monument” under the 1958 Act.
Later, a Division Bench of the High Court also supported this order and said again that the tomb did not meet the legal requirements to get protection.
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Feeling aggrieved, petitioner T. Mohan went to the Supreme Court, which has now stepped in. The apex court’s order of notice and its direction to maintain status quo means that the earlier relocation order will not be implemented for now.
The tomb of David Yale and Joseph Hynmers will therefore remain undisturbed until the Supreme Court finally hears and decides the matter.
Case Title:
T. Mohan v. B. Manoharan & Ors., Diary No. 26324-202
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