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Madras High CourtWP/17270/2025closed

Arulmuguran v. The Principal Secretary

2025-08-18Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN & W.M.P.Nos.19564, 19565 & 19568 of 2025 Arulmurugan ..

Petitioner Vs.

1. The Principal Secretary Department of Culture & Tourism

2. The District Collector Revenue Department Theeran Chinnamalai Maligai Perundurai Road Erode 638 011.

3. The Land Acquisition Officer and District Revenue Officer (DRO) Revenue Department Erode Collectorate Office Theeran Chinnamalai Maligai 1st Floor, Perundurai Road Erode 638 011.

4. The Revenue Divisional Officer (RDO) Revenue Department Gobichettipalayam Erode District 638 452.

5. The Tahsildar Revenue Department Anthiyur Taluk Bhavani-Anthiyur-Kollegal Road Anthiyur Erode District 638 501.

6. The Deputy Tahsildar (Headquarters) Revenue Department Anthiyur Taluk Bhavani-Anthiyur-Kollegal Road Anthiyur Erode District 638 501.

7. The Village Administrative Officer Anthiyur Village, Revenue Department Singara Veethi, Anthiyur Erode District 638 501.

8. The Principal Secretary Department of Higher Education

9. The Directorate of Technical Education Department of Education No.53, Sardar Patel Road

Guindy, Chennai 600 025.

10.The District Educational Officer Department of Higher Education No.227, Old Railway Station Road Konavaikkal, Maapalam Erode, Erode District 638 001.

11.The Commissioner Hindu Religious and Charitable Endowments Department (HR & CE) Erode Division Headquarters, Uttamar Gandhi Salai Nungambakkam Chennai 600 034.

12.The Joint Commissioner Hindu Religious and Charitable Endowments Department (HR & CE) Erode Division D.No.20F, Chinnamuthu Veethi 1 Perundurai Road Erode 638 001.

13.The Assistant Commissioner (Addl charge) Hindu Religious and Charitable Endowments Department (HR & CE) Gobichettipalayam Zone Erode Division Ex-Service Man Complex Erode 638 001.

14.The Executive Officer Arulmighu Veereswaraswamy Temple Hindu Religious and Charitable Endowments Department Anthiyur, Gobichettipalayam Erode District 638 501.

15.The Principal Secretary to Government Department of Revenue ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records made in the impugned order passed by the 3rd respondent, namely the Land Acquisition Officer and District Revenue Officer, Erode, vide R.C.No.9136/2023/A2 made in Order dated 02.09.2024 and quash the same as illegal, unconstitutional, void in respect of the temple land vide Survey No.1298, measuring to an extent of 02.02.35 hectares (20235 sq.m) of land out of a total extent of 05.30.00 hectares is required for the construction of building at Anthiyur "B" Village, Anthiyur Taluk, Erode District and land belonging to the Arulmighu Veereswaraswamy Temple and consequently direct all the respondents to drop all further proceedings in respect of the said land acquisition proceedings. For Petitioner :

Mr.B.Jagannath For Respondents :

Mr.J.Ravindran Additional Advocate General Assisted by Mr.K.Karthik Jegannath Government Advocate for Respondents 2 to 10 & 15 Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) for Respondents 1, 11 to 14

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge in this petition is to the notification initiating land acquisition proceedings towards acquisition of part of land belonging to Arulmighu Veereswaraswamy Temple.

2. Learned counsel for respondents 2 to 10 and 15 submits that an award has also been passed and compensation deposited.

3. Shri. Arun Natarajan enters appearance on behalf of respondents 1 and 11 to 14 and would submit that an application is submitted seeking enhancement of award.

4. Be that as it may, taking into consideration that an award has already been passed, this petition cannot be entertained.

5. Petition is closed. This order shall not come in the way of

challenge to the award that has been passed. There shall be no order as to costs. Consequently, all the interim applications are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 18.08.2025 Index :

Yes/No Yes/No kpl To

1. The Principal Secretary Department of Culture & Tourism

2. The District Collector Revenue Department Theeran Chinnamalai Maligai Perundurai Road, Erode 638 011.

3. The Land Acquisition Officer and District Revenue Officer (DRO) Revenue Department Erode Collectorate Office Theeran Chinnamalai Maligai 1st Floor, Perundurai Road, Erode 638 011.

4. The Revenue Divisional Officer (RDO) Revenue Department Gobichettipalayam, Erode District 638 452.

5. The Tahsildar Revenue Department Anthiyur Taluk Bhavani-Anthiyur-Kollegal Road Anthiyur, Erode District 638 501.

6. The Deputy Tahsildar (Headquarters) Revenue Department Anthiyur Taluk Bhavani-Anthiyur-Kollegal Road Anthiyur, Erode District 638 501.

7. The Village Administrative Officer Anthiyur Village, Revenue Department Singara Veethi, Anthiyur Erode District 638 501.

8. The Principal Secretary Department of Higher Education

9. The Directorate of Technical Education Department of Education No.53, Sardar Patel Road Guindy, Chennai 600 025.

10.The District Educational Officer Department of Higher Education No.227, Old Railway Station Road Konavaikkal, Maapalam Erode, Erode District 638 001.

11.The Commissioner Hindu Religious and Charitable Endowments Department (HR & CE) Erode Division Headquarters, Uttamar Gandhi Salai Nungambakkam, Chennai 600 034.

12.The Joint Commissioner Hindu Religious and Charitable Endowments Department (HR & CE) Erode Division D.No.20F, Chinnamuthu Veethi 1 Perundurai Road, Erode 638 001.

13.The Assistant Commissioner (Addl charge) Hindu Religious and Charitable Endowments Department (HR & CE) Gobichettipalayam Zone Erode Division, Ex-Service Man Complex Erode 638 001.

14.The Executive Officer Arulmighu Veereswaraswamy Temple Hindu Religious and Charitable Endowments Department Anthiyur, Gobichettipalayam Erode District 638 501.

15.The Principal Secretary to Government Department of Revenue

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(kpl) 18.08.2025