C.Arumugam v. The Government Of Tamil Nadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 30738 of 2019 and W.M.P.No. 30827 of 2019 1.C.Arumugam 2.R.Mani 3.T.Sundaram 4.P.Elangovan 5.R.Balu

...Petitioners

Vs.

1.The Government of Tamil Nadu, Rep. By Chief Secretary, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Secretariat, Chennai - 600 009.

3.Tamil Nadu State Environmental Impact Assessment Authority, Rep. By its Secretary, Panagal Building, Saidapet, Chennai - 600 015.

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4.The District Collector, Kanchipuram District, Kanchipuram.

5.The Chief Engineer, Chepauk, Chennai.

6.The Land Acquisition Officer-cumSpecial Tahsildar, OMR Six-lane Dual Carriageway By-pass Scheme, Tambaram, Kanchipuram District.

7.Tamil Nadu Road Development Corporation Ltd., Rep. By its Principal General Manager, No.171, II Floor, South Kesava Perumalpuram, Greenways Road, Chennai.

8.The Tahsildar, Thiruporur Taluk, Kanchipuram District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Declaration, declaring that the entire process of acquisition is null and void, arbitrary and unconstitutional in respect of the petitioners lands with the following details 1) C.Arumugam 148 0.72 Acre Thiruporur 2) R.Mani 133 0.81 Acre Thiruporur 3) T. Sundaram 39, 0.18 Acre Thiruporur, 133 0.37 Acre Thiruporur 4) P. Elangovan 11 8.58 Acre Kanakkampaattu 5) R. Balu 161/2 0.65 Acre Thandalam and consequently forbearing the Respondents 1,2,4 to 7 and their officials or any other 2/6

persons or contractors engaged by them or tracing power under them from any way and in any manner taking possession of the petitioners above said lands and from dispossessing them without due process of law. For Petitioner : Mr.S.Sugendran For Respondents : Mr.M.R.Gokul Krishnan Additinal Government Pleader for R1, R2, R4 to R6 & R8 Mr.M.Sivavarthanan for R7

O R D E R

This Writ Petition has been filed, to delcare the entire land acquisition proceedings in respect of the lands owned by the petitioners comprised in Survey Nos. 148, 133, 39, 133, 11 & 161/2 situate at Thiruporur, Kanakkampattu and Thandalam of Kanchipuram District as null and void.

2. On perusal of the counter filed on behalf of the respondents 1, 2, 4 & 6 and also the submissions made by the learned Additional Government Pleader reveal that the land comprised in Survey Nos. 148 and 39 situate at Thiruporur Village are not acquired for the formation of 3/6

Thiruporur By-pass road. In so far as the land comprised in Survey Nos. 133, 11 and 161/2 of Thiruporur Village are belong to Aulmigu Kandasamy Koil in Thiruporur Village, which is coming under the control of Hindu Religious and Charitable Endowment Department. Therefore, the petitioner has no locus to challenge the land acquisition proceedings. That apart, the lands were acquired by following the due procedure as contemplated under the Tamil Nadu Highways Act, 2001 and after acquisition, the entire project has also been completed. Therefore, the Writ Petition itself is devoid of merits and liable to be dismissed.

3. In view of the same, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 08.10.2025 kkn Internet :Yes/No Index:Yes/No Speaking/Non-speaking order Nuetral Citation : Yes / No 4/6

To:- 1.The Government of Tamil Nadu, Rep. By Chief Secretary, Secretariat, Chennai - 600 009.

2.The Secretary to Government, Secretariat, Chennai - 600 009.

3.Tamil Nadu State Environmental Impact Assessment Authority, Rep. By its Secretary, Panagal Building, Saidapet, Chennai - 600 015.

4.The District Collector, Kanchipuram District, Kanchipuram.

5.The Chief Engineer, Chepauk, Chennai.

6.The Land Acquisition Officer-cum-Special Tahsildar, OMR Six-lane Dual Carriageway By-pass Scheme, Tambaram, Kanchipuram District.

7.Tamil Nadu Road Development Corporation Ltd., Rep. By its Principal General Manager, No.171, II Floor, South Kesava Perumalpuram, Greenways Road, Chennai.

8.The Tahsildar, Thiruporur Taluk, Kanchipuram District.

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G.K.ILANTHIRAIYAN, J.

KKN W.P.No. 30738 of 2019 08.10.2025 6/6