Advocates:
['M/s Sivakumar S', '', 'Vijayarajan R', '', 'P SUBBARAJ', 'SPL GOVT PLEADER', '', 'TAKES NOTICE', 'S SHAJI BINO', 'TAKES NOTICE', 'S P MAHARAJAN', 'TAKES NOTICE']

W.P.[MD]No.5340 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

and

THE HONOURABLE MRS.JUSTICE S.ANANTHI

W.P.[MD]No.5340 of 2022

and

W.M.P.[MD]Nos.4351 of 2022

C.Arumugam

: Petitioner

Vs.

1.The Commissioner,

Hindu Religious & Charitable Endowments Department,

Chennai.

2.The District Collector,

Dindigul District,

Dindigul.

3.The Chief Educational Officer,

O/o. The Chief Educational Officer,

Palani Road, Dindigul.

4.The District Educational Officer,

O/o. The Chief Educational Officer,

Palani Road, Dindigul.

5.The Assistant Commissioner,

Hindu Religious & Charitable Endowments Department,

Pandian Nagar,

Dindigul.

: Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, praying for a Writ of Certiorarified Mandamus, to call for

the records relating to the impugned proceedings passed by the first

respondent in e.f.vz;.84808/2021/vk; 1 ehs;-20.01.2022 and quash the

same as illegal, arbitrary and contradicted to the provision of law

and consequently directing the respondents 1 and 5 to sanction and

allot the land which is situated in the Survey No.336/3A and 336/3C

to the Educational Authority for the construction of High School at

Serankattupatti Village, Natham Taluk, Dindigul District.

For Petitioner

: Mr.S.Sivakumar

For Respondents 1 & 5 : Mr.P.T.Thiraviam

Government Advocate

For Respondents 2, 3 & 4 : Mr.S.R.A.Ramachandran

Additional Government Pleader

1/3

https://hcservices.ecourts.gov.in/hcservices/

W.P.[MD]No.5340 of 2022

O R D E R

***********

[Order of the Court was made by P.N.PRAKASH, J.]

According to the petitioner, the land in Survey No.336/3A &

336/3C in Sirankattupatty Village, Natham Taluk, Dindigul District,

belongs to the Hindu Religious and Charitable Endowments Department

[hereinafter referred to as 'HR & CE' Department]. The Education

Department of the Government appears to have sanctioned the

establishment of a High School in the said Village.

2.While that being so, according to the petitioner, it would

be viable if the high school is put up in the said land belonging to

the HR & CE Department. In this regard, the petitioner gave a

representation dated 20.10.2021 to the authorities and thereafter,

filed a Public Interest Litigation in W.P.[MD]No.21704 of 2021,

for a Mandamus to the authorities to allot the said land to the

education department for the construction of school.

3.A Division Bench of this Court, by order dated 08.12.2021,

directed the Commissioner, HR & CE Department [first respondent

therein] to consider the representation dated 20.10.2021 and pass

orders within a period of four [4] weeks. Accordingly, the HR & CE

Commissioner, conducted an enquiry on 13.01.2022 in which the

petitioner and the Revenue authorities participated. After

conducting the enquiry, the Commissioner, HR & CE Department has

passed a detailed order dated 20.01.2022 holding that the said land

cannot be allotted for any other purpose as that would violate

Section 34 of the Tamil Nadu Hindu Religious & Charitable Endowments

Act, 1959 as well the order passed by the Division Bench of this

Court in W.P.No.574 of 2015 dated 07.06.2021. Challenging the same,

the second round of Public Interest Litigation has been filed by the

petitioner.

4.Learned Counsel for the petitioner submitted that there are

several Supreme Court judgments to say about the importance of

building schools in the country as that would increase the awareness

of the people. One can have no two opinions on this aspect because

education is most important for the citizens and the Right to

Education is now construed as a Fundamental Right. But that cannot

mean that the HR & CE Department can give up its lands in violation

of the Statute which governs them and also in violation of