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Madras High CourtWP(MD)/2738/2025dismissed

S.Prabhu v. The Principal Secretary To Government

2025-06-18Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.1911 and 1912 of 2025 S.Prabhu ... Petitioner Vs.

1.The Principal Secretary to Government, Agricultural Production Commissioner, Fort St.George, Chennai - 600 009.

2.The Principal Secretary to Government, Religious Endowments Department, Fort St.George, Chennai - 600 009.

3.The Commissioner, Hindu Religious Charitable Endowments Department, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

4.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

5.The Registrar, Tamil Nadu Agricultural University, Lawley Road, Coimbatore - 641 003.

6.The District Collector, Office of Collectorate, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned G.O.Ms.No.70 dated 14.03.2024 issued by the 1st respondent and quash the same as illegal and consequently direct the 1st respondent to identify the suitability of establishing the Karur Government Agriculture College and Research Institute in S.Nos.347/4, 5, 7 totally measuring an extent of about 205.44 acres situated at Inungur Village, Kulithalai Taluk, Karur District. For Petitioner : Mr.M.Mahaboob Athiff for Mr.S.Ananth For R-1 to R-4 : Mr.P.Thilak Kumar & R-6 Government Pleader For R-5 : Mr.A.Thirumurthy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) G.O.Ms.No.70, Agriculture - Farmers Welfare Department, dated 14.03.2024 issued for establishing Agricultural College is under challenge in the present Writ Petition.

2. The learned counsel for the petitioner would mainly contend that sufficient lands are not made available for agricultural activities in the proposed Agricultural College. The Government acquired temple lands when alternate lands are very much available in Kulithalai Taluk. Thus, the order impugned is to be set aside.

3. The learned Government Pleader appearing for the official respondents would oppose by stating that 40 acres of lands are acquired for developing Agricultural College. Therefore, there are sufficient lands available for agricultural activities within the college premises and thus, there is no infirmity. The lands are already acquired and compensation has already been paid to the owners of the lands. Thus, the present Writ Petition is liable to be rejected.

4. The learned counsel for the fifth respondent/Agricultural University would also submit that the lands were handed over to the Agricultural University for establishing an Agricultural College.

5. This Court is of the considered view that 40 acres of lands are acquired, which would be sufficient for establishing the Agricultural College in that locality. The decision to establish the Agricultural College is taken by the

Government as a policy decision. Lands were acquired and the land owners received compensation. The acquired lands are already handed over to the Agricultural University for establishing Agricultural College. That being the factum, the petitioner is not entitled for any relief and further, the compensation has already been settled in favour of the temple. Thus, the present Writ Petition need not be entertained. In the event of any violation of statutory provisions or otherwise while establishing the College, the petitioner is at liberty to submit a complaint to the Government.

6. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (A.D.M.C.,J.) 18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Principal Secretary to Government, Agricultural Production Commissioner, Fort St.George, Chennai - 600 009.

2.The Principal Secretary to Government, Religious Endowments Department, Fort St.George, Chennai - 600 009.

3.The Commissioner, Hindu Religious Charitable Endowments Department, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

4.The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

5.The District Collector, Office of Collectorate, Karur District.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 18.06.2025