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Madras High CourtWP/10858/2024dismissed

K.P.Palanisamy, v. The Director Of Technical Education,

2025-11-05Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No.10858 of 2024 AND WMP No.11965 OF 2024 K.P.Palanisamy, S/o.Late PonnusamyChettiar, No. 73, Poongavam Chetty Street, Chennai Road, Krishnagiri District.

Petitioner(s) Vs 1.The Director of Technical Education, No.53, Sardar Patel Road, Anna University Campus, Guindy, Chennai.

2.Sub-Collector/Land Acquisition Officer, Hosur, Krishnagiri District.

3.The Principal, Govt.Polytechnic College, Krishnagiri.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, calling for the records of the 1 st respondent pertaining to the impugned order vide Lr.No.26745/CWB/2023 dated 03.07.2023 and quash the same.

For Petitioner(s):

Ms.R.Preethikaa for Mr.R.Kannan For Respondent(s):

Mr.M.R.Gokul Krishnan, Additional Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking to call for the records of the 1 st respondent pertaining to the impugned order vide Lr.No.26745/CWB/2023 dated 03.07.2023 and quash the same. 2.Learned counsel for the petitioner would submit that for the purpose of establishment of Government Polytechnic College, the respondents acquired

around 25 acres of lands in Boganapalli Village and Kattinayanapalli Village, including the petitioner's land in S.No.116, Boganapalli Village measuring to an extent of 3.14 acres vide G.O.Ms.No.1484, Department of Education, Science and Technology on 12.07.1982. Thereafter, the Polytechnic College was constructed and the compound wall of the said college was built excluding the petitioner's land. Under such circumstance, the petitioner made a representation on 16.10.2017 requesting the respondents to re-convey the land acquired from the petitioner since it was not utilized for the purpose for which it was acquired. However, the representation of the petitioner is rejected vide order dated 03.07.2023. Hence, the present writ petition has been filed. 3.

Learned Additional Government Pleader appearing for the respondents would submit that the petitioner's land along with the adjacent lands were acquired for the purpose of establishing the Government Polytechnic College. The petitioner's land was acquired to an extent of 3.15 acres.

for future expansion. Merely keeping the land vacant does not mean that the land is not utilized and the petitioner is entitled for re-conveyance. Hence, he prayed to dismiss the present writ petition.

4.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

5.Considering the submissions made by either parties, it is evident that the petitioner's land to an extent of 3.15 acres has been acquired along with adjacent lands by the respondents for the purpose of establishing the Government Polytechnic College. After acquiring the said land, the College was constructed and it started functioning. However, the petitioner's land which was acquired for the purpose of establishing Government Polytechnic College is kept reserved for the purpose of expansion of the College. Since the land was kept without construction of building, it cannot be construed that the land was

not utilized for the purpose for which it was acquired. Further, the 3 rd respondent also in his report dated 10.12.2008 has categorically stated that they have proposed to introduce two courses namely E.E.E. And Tool & Die for which they need to construct additional classrooms, Laboratories, Auditorium etc and the Government has also granted permission for the sale, considering the earlier representation of the petitioner dated 10.10.2006. Therefore, non-utilization of land would not come into picture and the land is reserved for future expansion. 6.Thus, this Court does not find any infirmity in the impugned order passed by the 1 st respondent and there is no substance in the submissions made by the learned counsel for the petitioner since land in question for which it was acquired was utilized only for the said purpose. Hence, the present writ petition is devoid of merits. However, it is open to the petitioner to seek enhancement of compensation for the land acquired before the appropriate forum, if so desired.

7.In the result, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05-11-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director Of Technical Education, No.53, Sardar Patel Road, Anna University Campus, Guindy, Chennai.

2.Sub-Collector/land Acquisition Officer, Hosur, Krishnagiri District.

3.The Principal, Govt.Polytechnic College, Krishnagiri.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 11965 OF 2024 05-11-2025