B.Maadhavan vs The Chief Secretary
- Court
- Madras High Court
WP No. 39505 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No s .39505, 25804, 25304 and 24672 of 2026
CNR:{HCMA011397572026}
B.Maadhavan
..Petitioner(s)
Vs
1. The Chief Secretary
Secretariat, Union Territory of Pondicherry,
Pondicherry.
2. The Chairman
Perunthaliavar Kamaraj Medical college,
Kathirkamam, Pondicherry.
3. The Director
M/s Indira Gandhi Medical College
and Research Institute, Vazhudavur Road,
Kathirkamam, Pondicherry.
..Respondent(s)
WP No. 25804 of 2026 CNR:{HCMA011426652026}
R. Kavipriyadevi
..Petitioner(s)
Vs
1. The Chief Secretary
Secretariat, Union Territory of Pondicherry,
Pondicherry.
2. The Chairman
Perunthaliavar Kamaraj Medical college,
Kathirkamam, Pondicherry.
3. The Director
M/s Indira Gandhi Medical College
and Research Institute, Vazhudavur Road,
Kathirkamam, Pondicherry.
..Respondent(s)
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WP No. 39505 of 2026
WP No. 25304 of 2026 CNR:{HCMA011426942026}
G. Saranya
..Petitioner(s)
Vs
1. The Chief Secretary
Secretariat, Union Territory of Pondicherry,
Pondicherry.
2. The Chairman
Perunthaliavar Kamaraj Medical college,
Kathirkamam, Pondicherry.
3. The Director
M/s Indira Gandhi Medical College
and Research Institute, Vazhudavur Road,
Kathirkamam, Pondicherry.
..Respondent(s)
WP No.24672 of 2026.
B.Adhavane
..Petitioner(s)
Vs
1. The Chief Secretary
Secretariat, Union Territory of Pondicherry,
Pondicherry.
2. The Chairman
Perunthaliavar Kamaraj Medical college,
Kathirkamam, Pondicherry.
3. The Director
M/s Indira Gandhi Medical College
and Research Institute, Vazhudavur Road,
Kathirkamam, Pondicherry.
..Respondent(s)
Prayer in W.P.No.39505 of 2026: Petition filed under Article 226 of the
Constitution of India, seeking a writ of certiorarified mandamus, calling
for the records of the order of the 2nd respondent herein dated
04.09.2025 passed in No. 3371/ IGMC and RI / Estt. / A1 / 2025 / 3552
and quash the same and consider the claim of the petitioner for an
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employment in any one of the eligible vacant post under the control of the
32rd respondent herein on the basis of the acquisition of lands by the 2nd
respondent herein for the establishment of the 3rd Respondent institute.
Prayer in W.P.No.25804 of 2026: Petition filed under Article 226 of the
Constitution of India, seeking a writ of certiorarified mandamus, call for
the records relating to the order of the 3rd respondent herein dated
4.9.2025 passed in No.3371/IGMC/RI/Estt/A/2025/3554 and quash the
same and consider the claim of the petitioner for an employment in any
one of the eligible vacant post under the control of the 3rd respondent
herein on the basis of the acquisition of lands by the 2nd respondent
herein for the establishment of the 3rd respondent institute.
Prayer in W.P.No.25304 of 2026: Petition filed under Article 226 of the
Constitution of India, seeking a writ of certiorarified mandamus, call for
the records of the impugned order of the 3rd respondent herein dated
4.9.2025 passed in No.3371/IGMC and R1/Estt/A1/2025 /3555 and quash
the same consequently direct the respondents to consider the claim of the
petitioner for an employment in any one of the eligible vacant post under
the control of the 3rd respondent herein on the basis of the acquisition of
lands by the 2nd respondent herein for the establishment of the 3rd
respondent institute.
Prayer in W.P.No.24672 of 2026: Petition filed under Article 226 of the
Constitution of India, seeking a writ of certiorarified mandamus, quashing
the order of the 3rd respondent herein dated 4.9.2025 passed in
No.3371/IGMC and R1/Estt/A1/2025 /3554 and considerthe claim of the
petitioner for an employment in any one of the eligible vacant post under
the control of the 3rd respondent herein on the basis of the acquisition of
lands by the 2nd respondent herein for the establishment of the 3rd
respondent institute.
For Petitioner(s)
in all W.Ps : Mr.Lakshminarayanan
For Respondent(s)
in all W.Ps :
Mr.M.Nirmalkumar
Government Advocate (Puducherry)
COMMON ORDER
The petitioners in these writ petitions claim that they are the wards
of the persons who lost their lands in the Acquisition Proceedings initiated
by the Government for the purpose of the third respondent herein in the
year 2007.
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2. In the year 2015, the petitioners have approached the third
respondent herein seeking employment on the ground that they have lost
their lands in Land Acquisition Proceedings initiated for the purpose of the
third respondent and therefore, they be provided with employment in the
third respondent Institution, corresponding to the educational
qualifications possessed by the petitioners.
3. Representing so, the petitioners have submitted representations
before the third respondent. The said representations submitted by the
petitioners were rejected by the third respondent through the impugned
proceedings dated 04.09.2025 on the ground that similar request, that
was made on earlier occasion, was already rejected through the order
passed by the third respondent vide order
No.142/IGMCandRI/Estt./A1/2019/PF(L)/3913 dated 10.09.2019.
Aggrieved by the said orders dated 04.09.2025, the petitioners have
approached this Court by filing these writ petitions.
4. The third respondent filed a common counter affidavit,
contending that the lands acquired for the purpose of the third
respondent herein as early as in the year 2007 under the provisions of the
1
Land Acquisition Act, 1894 , by following the due process and accordingly,
an Award was passed under Section 11 of the Act of 1894 on 12.06.2007
1
For brevity, hereinafter referred to as “the Act of 1894”.
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and compensation, as determined as per the Award, was also paid to the
persons whose lands were acquired under the award dated 12.06.2007. It
is further stated that there was no promise made by the respondents to
provide employment to either the land-loosers or to the wards of the
land-loosers. Thus, it is contended that once an Award is passed vide the
Award No.5/2007 dated 12.06.2007 under Section 11 of the Act of 1894,
the petitioners cannot make any additional claim seeking employment in
the third respondent Institution in the absence of any such statutory right
conferred upon the petitioners.
5. Heard Mr.Lakshminarayanan , learned counsel for the petitioners
and Mr.M.Nirmal Kumar , learned Government Advocate (Puducherry) for
the respondents.
6. It is an admitted fact that in respect of the lands that were
acquired for the third respondent Institution, appropriate proceedings
under the provisions of the Act of 1894 were initiated and accordingly,
such proceedings were concluded by passing of an Award vide the Award
No.5/2007 dated 12.06.2007. There is no dispute with regard to the
compensation that was due and payable to the land-loosers. Admittedly,
compensation was paid to the land-loosers covered by the aforesaid
Award.
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7. It is not even the case of the petitioners that at the time of the
acquisition of the lands for the purpose of the third respondent
Institution, any promise was made nor any order was passed offering
employment to the land-loosers or to the wards of the land-loosers. But,
from a perusal of the materials on record, it is only pursuant to the
statement made by the then Hon'ble Chief Minister, considering the
applications of the landowners who offered jobs to their wards in
accordance with the Recruitment Rules for Ministerial and Technical Posts
in the month of September, 2015. However, the said decision was
subsequently said to have been withdrawn and there is no order or
statute that was brought into existence to give effect to such a statement
made by the then Hon'ble Chief Minister.
8. In the absence of any such right conferred upon the petitioners,
the petitioners herein, claim to be the wards of the land-loosers, cannot
assert any right against the third respondent to provide employment in
the third respondent Institution. This is what is stated in the impugned
proceedings dated 04.09.2025 read with the proceedings dated
01.04.2019.
9. From a perusal of the proceedings dated 01.04.2023, that the
matter has therefore been reconsidered by the Governing Body and after
careful consideration of all the facts and circumstances of the gravity of
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the issues, a decision was taken that the request of the petitioners for job
opportunities cannot be acceded to.
10. In the absence of any such right conferred on the petitioners
herein to claim employment opportunity in the third respondent
Institution and considering the fact that the persons whose lands were
acquired were all fully paid compensation in terms of the Act of 1894, this
Court does not find any right, much less accrued right, in favour of the
petitioners herein.
11. In light of the above, this Court does not find any error or
illegality in the impugned proceedings dated 04.09.2026 read with
proceedings dated 01.04.2019. Accordingly, the writ petitions are
dismissed. There shall be no order as to costs.
13-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
( drm/aj )
To:
1. The Chief Secretary
Secretariat, Union Territory of Pondicherry, Pondicherry.
2. The Chairman
Perunthaliavar Kamaraj Medical college,
Kathirkamam, Pondicherry.
3. The Director
M/s Indira Gandhi Medical College
and Research Institute, Vazhudavur Road,
Kathirkamam, Pondicherry.
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WP No. 39505 of 2026
MUMMINENI SUDHEER KUMAR J.
( drm/aj )
W.P.No s .39505, 25804, 25304 and 24672 of 2026
13-10-2026
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