Madras High CourtWP/46052/2025dismissed

Arulmurugan, v. The Principal Secretary

2026-02-03Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.51369 and 51370 of 2025 Arulmurugan, S/o.Marasamy, No.33, Nanjapagoundan Kottaiye, Mikelpalayam, Bhavani, Michaelpalayam, Erode-638 501.

Petitioner Vs 1.The Principal Secretary Department of Culture and Tourism, Fort St. George, Secretariat, 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, Fort St. George, Secretariat,

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

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

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

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

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

14.The Executive Officer Arulmighu Veeraswaraswamy Temple, Hindu Religious and Charitable Endowment Department Anthiyur, Gobichettipalayam, Erode District-638 501.

15.The Principal Secretary to the Government, Department of Revenue, Fort St. George, Secretariat, 16.The Principal Government Arts and Science College, Anthiyur, Gobichettipalayam, Erode District.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records published by the 3rd respondent, namely the Land Acquisition Officer and District Revenue Officer, Erode, vide Award No.2/2025 and L.A.File R.C. No.9136/2023/A2 dated 22.05.2025 and quash the same as illegal, unconstitutional.

For Petitioner:

Mr.B.Jagannath For Respondents Mr.K.Karthik Jagannath Government Advocate for R1 to R10, R15 and R16 Mr. K.Karthikeyan Govt. Advocate (HR&CE) for R11 to R14

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard.

2. Challenging acquisition of the land of the temple and seeking shifting of the location of the College, learned counsel for the petitioner would submit that it has been the policy of the Government and various orders were issued from time to time to the effect that even if some land is to be acquired in the area, acquisition of land belonging to the temple should be the last resort. He would submit that many other lands are available in the area which can be identified by the authorities for establishing a Government Arts and Science College, but without proper enquiry, the temple land has been acquired by abusing the process of law.

3. From the reply filed by the third respondent, it is clear that the temple land was taken after drawing proper proceedings under the law. Moreover, we find that there was an impending need for establishment of a dedicated infrastructure and permanent building for

the Government Arts and Science College which has been functioning in a temporary accommodation.

Apart from various submissions which have been made at the bar, it is stated that the temple administration, represented by the Executive Officer, has not challenged the acquisition and received the compensation amount with objection.

4. After going through the reply of the third respondent, we do not find that there is any public interest involved in this matter, particularly, when the temple administration is not inclined to call into question the acquisition proceedings. Further, the acquisition is for the purpose of establishing a Government Arts and Science College. Therefore, we are not inclined to interfere with the same.

5. The writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.02.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The Principal Secretary Department of Culture and Tourism, Fort St. George, Secretariat, 2.The District Collector Revenue Department, Theeran Chinnamalai Maligai, Perundurai Road, Erode-638 011.