The decision to allocate unsuitable land classified as sand dunes instead of more valuable educational land violates the public trust doctrine, and the government must honor prior commitments regarding land use.

ORDER :

D. Bharatha Chakravarthy, J.

This Writ Petition is filed for a Certiorarified Mandamus, seeking the records related to the impugned G.O. Ms. No. 414, Revenue & Disaster Management and Land Settlement, Ni. Mu.5 (1), dated 01.07.2025, on the file of the 1^st respondent, and to quash the same and to direct the authorities to allot an alternative land near Cuddalore Town with access to the main road or adjoining the road, suitable for educational purposes and free of encumbrance, as per the order of this Court dated 30.08.2019 in W.P. No.27377 of 2009. Alternatively, it prays for the payment of the current guideline value of the land in S.No. 32/2 of Koothapakkam Village, Cuddalore, to the petitioner.

2. Upon hearing Mr.Father Xavier Arulraj, the learned Senior Counsel representing the petitioner, and reviewing the case records, the petitioner's case is that the petitioner school was operating on S.F.Nos.16/1 to 16/4, covering an area of 5.77 acres in Koothapakkam Village, Cuddalore District. It is evident that the land was purchased by the educational agency for valuable consideration through G.O.Ms.No.404, Education Department, dated 14.03.1979. Of the said lands, objections were raised regarding S.No.16/1, New S.No.32/2 of Koothapakkam Village, Cuddalore measuring Acres 3.40 cents. Objectors’ contentions were that the land had been used for the purposes of Arulmigu Devanatha Swamy Temple. Initially, the land was under the control of the Hindu Religious and Charitable Endowment Department, later taken over by the government and erroneously auctioned. Subsequently G.O.Ms.No.322, School Education Department (X2), dated 07.12.2009, was issued for resuming the land. The petitioner school challenged this in W.P.No.27377 of 2009.

3. It is the case of the petitioner that the sale was an absolute sale and there was no question of any resumption. In the said Writ Petition, the temple was also a party. During the hearing, considering communal harmony and the sentiments expressed, upon a proposal being made, the petitioner school was willing to exchange the land on the conditions mentioned therein, and the entire paragraph Nos.7 and 8 of the judgment are extracted below:

“7.The learned Senior Counsel for the petitioner further submitted that the School authorities spent considerable amount of money for leveling and constructing the compound wall. The disputed land, being in the heart of the town, the value of the land is very high and due to pendency of the case, the petitioner has not put up any construction, except the compound wall. The petitioner has also planted lot of trees and plants and they maintained the said land for all these years. He, However, submitted that as per the directions of this Court, in order to maintain the communal harmony in the locality, the petitioner school agreed to go for exchange of land, without going into merits of the case and this Court may issue appropriate direction to allot alternate land to the petitioner for establishing the Educational Institution in the District of Cuddalore.

8. The leaned Senior Counsel appearing for the petitioner further submitted that the petitioner school itself identified the availability of Manavari land in Bhuvanagiri Village in Cuddalore District at Survey No.70/1 to an extent of 22 hectares. It is suitable for establis