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Madras High CourtWP/40020/2025dismissed

J.S.K.Ashwin @ Tamilvanan v. The Additional Chief Secretary To Government

2025-10-27Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.S.K.Ashwin @ Tamilvanan ... Petitioner Vs.

1.THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, CHENANI 600 009 2.THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT, CHENNAI 600 009 3.THE DIRECTOR, DIRECTORATE OF SURVEY AND SETTLEMENT, PWD ESTATE, CHEPAUK, TRIPLICANE, CHEPAUK, CHENNAI 600 005 4.THE DIRECTOR, PANAGAL BUILDING, CHENNAI 600 015 5.THE DIRECTOR OF SCHOOL EDUCATION (ELEMENTARY) DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006 6.THE DISTRICT COLLECTOR, 7.THE PROJECT DIRECTOR, 1/6

8.THE DISTRICT REVENUE OFFICE, THIRUPATTUR DISTRCT 9.THE REVENUE DIVISIONAL OFFICER, NATRAMPALLI TALUK, THIRUPATTUR DISTRICT 10.THE TAHSILDAR, NATRAMPALLI TALUK, THIRUPATTUR DISTRICT 11.PERSONAL ASSISTANT TO THE COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, THIRUPATTUR ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings in Na.Ka. no.6161168 / PA / 5/ 2023-3 dated 04.04.2025 issued by the first respondent and quash the same as arbitrary, and consequently direct the respondents to grant compensation for the subject land under the Right to Fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 with ground rent and compensation for usage of the said land form 01.10.1966 till date or in the alternative, appoint the petitioner to any suitable post in the Rural Development and panchayat Raj Department For Petitioner : M/s.Reena Thomas 2/6

For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 04.04.2025 thereby rejecting the request made by the petitioner seeking employment for the land comprised in survey No.308/1 to an extent of 8 cents, which was gifted by his grandfather in the year 1964.

2.

The petitioner's grandfather gifted the land comprised in survey No.308/1 to an extent of 8 cents by the gift deed registered vide document No.23 of 1964 dated 23.08.1964. After demise of the petitioner's grandfather, the petitioner's father made request for no further expansion of the school be undertaken. However, in the year 2023, construction was made to an extent of 12.35 cents in the petitioner's property. Therefore, the petitioner submitted representation to stop the construction. However, it was not stopped and as such, the petitioner approached this Court in WP.No.34754 of 2023 and this Court disposed of the writ petition by order dated 23.10.2024 and held that the petitioner did not have vested interest and if employment has been given to 3/6

similarly placed persons, that cannot be a ground to grant such employment to the petitioner. However, the petitioner was given liberty to submit a fresh representation seeking for appointment on compassionate ground. It was also held that the matter will be dealt with on its own merits and in accordance with law. Accordingly, the petitioner submitted representation. However, the same was rejected by the order impugned in this writ petition.

3.

Heard, the learned counsel appearing on either side and perused all the materials placed before this Court. 4.

On perusal of the order impugned, it is revealed that no land was acquired from the petitioner or his father. Further, as per the gift deed executed, the land admeasuring 8 cents was utilised for construction of school. Apart from the said land, no land has been used for any construction as allegedly claimed by the petitioner. That apart, the petitioner submitted the representation seeking employment on the basis of the gift deed executed by his grandfather. Admittedly, the gift deed was executed in the year 1964. That apart, no land has been acquired or used, except the gifted land, for any construction of the school. Therefore, the request made by the petitioner was rightly rejected and this Court finds no 4/6

infirmity or illegality in the impugned order. 5.

In view of the above discussion, this writ petition is dismissed. There shall be no order as to costs. 27.10.2025 Index: Yes/No Speaking/Non-speaking order lok To 1.THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, CHENANI 600 009 2.THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, SECRETARIAT, CHENNAI 600 009 3.THE DIRECTOR, DIRECTORATE OF SURVEY AND SETTLEMENT, PWD ESTATE, CHEPAUK, TRIPLICANE, CHEPAUK, CHENNAI 600 005 4.THE DIRECTOR, PANAGAL BUILDING, CHENNAI 600 015 5/6

G.K.ILANTHIRAIYAN, J.

lok 5.THE DIRECTOR OF SCHOOL EDUCATION (ELEMENTARY) DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006 6.THE DISTRICT COLLECTOR, 7.THE PROJECT DIRECTOR, 8.THE DISTRICT REVENUE OFFICE, THIRUPATTUR DISTRCT 9.THE REVENUE DIVISIONAL OFFICER, NATRAMPALLI TALUK, THIRUPATTUR DISTRICT 10.THE TAHSILDAR, NATRAMPALLI TALUK, THIRUPATTUR DISTRICT 11.PERSONAL ASSISTANT TO THE COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, THIRUPATTUR 27.10.2025 6/6