← Library
Madras High CourtWP(MD)/18186/2025disposed of

Seenivasagan G v. State Of Tamil Nadu

2025-09-10Honourable Mr Justice Senthilkumar Ramamoorthy9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.13943 of 2025 G.Seenivasagan ... Petitioner Vs.

1. State of Tamil Nadu, Represented by its Additional Chief Secretary, Transport Department (I 2), Secretariat, Chennai.

2. The Commissioner of Land Administration, O/o. the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.

3. The General Manager, Ministry of Railway, Government of India, Southern Railway, Chennai - 3.

4. The Regional Divisional Manager, O/o. the Regional Divisional Manager, Southern Railways, Madurai District.

1/9

5. The Deputy Chief Engineer (Construction), O/o. the Deputy Chief Engineer (Construction), Southern Railways, Arasaradi, Madurai District.

6. The District Collector, O/o. the District Collector, Korampallam, Thoothukudi District.

7. The District Collector, O/o. the District Collector, Virudhunagar District.

8. The Special Tahsildar (Land Acquisition), Thoothukudi - Madurai (Via Aruppukottai), New Broad Gauge Railway Line Project (Unit 1), Vilathikulam, Thoothukudi District.

9. The Sub Registrar (Registration), O/o. the Sub Registrar, Puthur, Vilathikulam Taluk, Thoothukudi District.

10. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the respondent No.8 in Na.Ka. No.Aa1/08/2023 dated 25.10.2023 and quash the same as illegal in respect of Registration Prohibition Order regarding the 2/9

petitioners land in Survey No.250/4A2 in an extent of 73.5 cents situated at Puthur Village, Vilathikulam Taluk, Thoothukudi District and consequently direct the respondents to permit the petitioner to involve in all type of registration for the above said property by considering his representation dated 10.06.2025.

For Petitioner :Mr.T.Thirumurugan For Respondents :Mr.K.R.Badurus Zaman Government Advocate for R1, R2, R6 to R8, R10 Mr.D.Gandhiraj Special Government Pleader for R9 Ms.B.Deepa, CGSC for R3 to R5

O R D E R

An order dated 25.10.2023 of the eighth respondent refusing to permit any registrations relating to properties covered by multiple survey numbers, including the petitioner's land in Survey No.250/4A2, is under challenge in this writ petition.

2. Learned counsel for the petitioner submits that the property forming the subject of this writ petition was purchased by the petitioner under sale deed bearing Document No.284 of 2016 on 11.05.2016. He further submits that an acquisition notification was issued by the first respondent on 22.09.2023 in relation to the said land for purposes of 3/9

constructing a new broad gauge railway line from Madurai to Thoothukudi via Aruppukottai. He further submits that the project has been discontinued and that even the special posts created in relation to such land acquisition have been aborted. Since the petitioner required money for medical and other expenses, he submits that the petitioner decided to sell the land, but the petitioner is not in a position to do so in view of the prohibitory order of the eighth respondent.

3. The intended beneficiary of the acquisition is the Southern Railway. Learned Standing Counsel for the Southern Railways has placed on record communication dated 04.08.2025 from the Deputy Chief Engineer (Construction), Southern Railway, Madurai. It is recorded as under in the said communication:

"Based on the recommendation of Railway's Construction HQ Office, Chennai, and as per recommendation of CLA, Government has disbanded the Land acquisition units from 01.01.2025 formed for the purpose of acquiring land for Melamarudhur - Tirumangalam stretch of the Madurai - Thoothukudi Railway line (Via Aruppukottai) project. Further 4/9

expenditure on Land acquisition units may not be done by Railways until clear advice is received. Further, Land acquisition proces will be continued on resumption of Land acquisition units.

Hence, for time being, no activity is progressing as far as Land Acquisition is concerned."

4. Therefore, the above communication corroborates the assertions in the writ petition that the acquisition project has been put on hold and all the special posts created in that regard have been discontinued.

5. In these circumstances, there is no justification for prohibiting the petitioner from alienating or otherwise dealing with his land. This will, however, not stand in the way of the first respondent resuming such acquisition either in relation to this project or otherwise.

6. For reasons set out above, impugned order dated 25.10.2023 is set aside only insofar as it pertains to the land bearing Survey No. 250/4A2 of an extent of 73.5 cents at Puthur Village, Vilathikulam Taluk, Thoothukudi District. As a consequence, it is open to the petitioner to 5/9

seek to deal with his land by way of a registered conveyance. If any instrument of conveyance is received, the jurisdictional Sub-Registrar shall not refuse registration solely on the basis of the order successfully impugned herein.

7. The writ petition stands disposed of on the above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

10.09.2025 NCC :No Internet :Yes Index :No PKN 6/9

To

1. State of Tamil Nadu, The Additional Chief Secretary, Transport Department (I 2), Secretariat, Chennai.

2. The Commissioner of Land Administration, O/o. the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.

3. The General Manager, Ministry of Railway, Government of India, Southern Railway, Chennai - 3.

4. The Regional Divisional Manager, O/o. the Regional Divisional Manager, Southern Railways, Madurai District.

5. The Deputy Chief Engineer (Construction), O/o. the Deputy Chief Engineer (Construction), Southern Railways, Arasaradi, Madurai District.

6. The District Collector, O/o. the District Collector, Korampallam, Thoothukudi District.

7. The District Collector, 7/9

O/o. the District Collector, Virudhunagar District.

8. The Special Tahsildar (Land Acquisition), Thoothukudi - Madurai (Via Aruppukottai), New Broad Gauge Railway Line Project (Unit 1), Vilathikulam, Thoothukudi District.

9. The Sub Registrar (Registration), O/o. the Sub Registrar, Puthur, Vilathikulam Taluk, Thoothukudi District.

10. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

8/9

SENTHILKUMAR RAMAMOORTHY, J.

PKN 10.09.2025 9/9