Nandhakumar v. The Government of Tamilnadu

ORDER The writ petition is filed challenging the Government Order passed by the 1st respondent in G.O.Ms.No.176, Higher Education (D1) Department dated

03.10.2024 which is issued to acquire the land in Survey Nos.571/1, 575, 576, 571/3 to an extent of 2.89.81 ares situated at Sunjal Natham Village, Eriyur, Pennagaram Taluk, Dharmapuri District.

¶2The Government Order is challenged on very many grounds including contending that they are the right holders as per the Inam and that they cannot be divested of the land. It is further contended that the decision of the Executive Officer to lease out the land for the Government cannot also be done.

¶3The writ petition was resisted by filing a counter affidavit. When the matter came up for hearing today, the learned Advocate General appearing on behalf of the respondents would submit that the impugned Government Order is nothing but an administrative sanction for acquisition of the land. Therefore, the petitioners cannot be aggrieved on the same, since the petitioners are also a party as per Section 17 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It was further stated that notice should be given to the petitioners also apart from the Executive Officer and that the averments of the Executive Officer as if the transaction were to be a lease is no longer correct as the Government has decided only to exercise its eminent domain and acquire the land for public purpose. Therefore, due notice will be issued to the Executive Officer as well as the petitioners.

¶4In view of the said statement, merely because the Government passed G.O.Ms.No.176 dated 03.10.2024, which is nothing but an administrative sanction to go ahead, the same will not in any manner affect the rights of the petitioners which they otherwise have, including contesting the acquisition or claiming compensation in the manner known to law. Therefore, keeping open the rights of the petitioners and recording the submissions made, the petitioners will be given notice during the course of the land acquisition proceedings, this writ petition is disposed of.

¶5Accordingly, this Writ Petition stands disposed of. Needless to mention, the interim order already granted by this Court stands vacated. No costs. Consequently, the connected miscellaneous petitions are closed. 20-02-2026 MKA To:

¶1The Secretary and Commissioner, Department of Higher Education, Fort St.George, Chennai-600 009.

¶2The Commissioner, Department of Land Administration, Chepauk, Chennai-5.

¶3The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 039.

¶4The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem, Salem District.

¶5The Collector, Dharmapuri District, Dharmapuri.

¶6The Revenue Divisional Officer Dharmapuri, Dharmapuri District.

¶7The Executive Officer, Hindu Religious and Charitable Endowment Department, Dharmapuri, Dharmapuri District. D.BHARATHA CHAKRAVARTHY J. MKA 20-02-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P. Nos.42496 of 2024 and 12472 of 2025 1. Nandhakumar S/o.Gopu, No.1/134, Eriyur, Sunjal Natham Village, Pennagaram Taluk, Dharmapuri District-636 810. 2. Muthaiyan S/o.Murugan, No.1/121, Eriyur, Sunjal Natham Village, Pennagaram Taluk, Dharmapuri District-636 810. 3. Jayavel, S/o.Kumaravel, No.1/115,eriyur, Sunjal Natham Village, Pennagaram Taluk, Dharmapuri District-636 810. ..Petitioner(s) Vs 1. The Government of Tamilnadu, Rep. by its Secretary and Commissioner, Department of Higher Education, Fort St.George, Chennai-600 009. 2. The Commissioner, Department of Land Administration, Chepauk, Chennai-5. 3. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-600 039. 4. The Joint Commissioner Hindu Religious And Charitable Endowments Department, Salem Salem District 5. The Collector, Dharmapuri District, Dharmapuri. 6. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District. 7. The Executive Officer, Hindu Religious and Charitable Endowment Department, Dharmapuri, Dharmapuri District. ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the order passed by the 1st respondent in G.O.Ms.No.176, Higher Education (D1) department dated 03.10.2024 to acquire land in S.No.571/1,575,576,571/3 to the extent of 2.89.81 situated at Sunjal Natham Village, Eriyur, Pennagaram Taluk, Dharmapuri District quash the same. For Petitioner(s): Mr.S.Doraisamy for Mr.V.Elangovan For Respondent(s): 1, 2, 5 & 6 Mr.P.S.Raman Advocate General Assisted by Mr.Vadivelu Deenadayalan Additional Government Pleader For R3, 4 & 7 : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE)