Govindan vs THE PRINCIPAL SECRETARY TO GOVERNMENT
- Court
- Madras High Court
WA No. 2574 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WA No. 2574 of 2026
and
CMP No.22732 of 2026
Govindan
..Appellant(s)
Vs
1. The Principal Secretary To Government
Government of Tamil Nadu,
Energy Department,
Fort St. George, Chennai – 9.
2. The Chairman,
Tamil Nadu Electricity Board, No.800,
Anna Salai, Chennai -2.
3. The Chief Engineer (Personnel)
Tamil Nadu Electricity Board, TANGEDCO,
No.800, Anna Salai, Chennai -2.
4. The Chief Engineer,
Mettur, Thermal Power Station, TANGEDCO,
Mettur, Mettur dam,
Salem District- 636 406.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 06.03.2024 passed in W.P.No.562 of 2023 and consequently
allow this Writ Appeal.
For Appellant(s): Mr.G.THYAGARAJAN
For Respondent(s): MR.K.RAJESH, GOVT.ADV.FOR R1.
MR..AP. VENKATESH PRASAD
FOR M/S. AGAM LEGAL ADVOCATES
FOR R 2 TO R4.
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WA No. 2574 of 2026
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
Under assail is the writ order dated 06.03.2024 passed in W.P.No. 562
of 2023.
2. Mr.G.Thyagarajan, learned counsel appears on behalf of the
appellant, Mr.K.Rajesh, learned Government Advocate appears on behalf of
the first respondent and Mr.A.P.Venkatesh Prasad, learned counsel appears
on behalf of the respondents 2 to 4.
3. By the consent of the parties to the lis, the present Writ Appeal is
taken up for final hearing at the admission stage.
4. The facts in nut shell, not controverted between the parties are that
the lands belonged to the appellants’ family was acquired for establishing a
Thermal Power Plant by the Tamil Nadu Electricity Board. The Government of
Tamil Nadu acquired the lands under the Land Acquisition laws and settled
compensation to the land owners. The Tamil Nadu Electricity Board is the
requisitioning body. It is not in dispute between the parties that the land
owners received compensation in the year 2004 and subsequently in the
years 2010 and 2012, alternate lands are provided to the land losers. Not
satisfied with the compensation and the alternate land granted to these land
losers, applications have been filed seeking employment in Tamil Nadu
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WA No. 2574 of 2026
Electricity Board. Since the same were not considered, writ petitions came to
be instituted. The writ court dismissed the writ petitions on the ground that the
claim is belated and the applicants have not established any right.
5. Learned counsel for the appellant Mr.Thyagarajan would mainly
contend that at the time of acquisition, the authorities have given a promise
that they will provide alternate land as well as employment in the Tamil Nadu
Electricity Board. Thus, they are bound to provide employment to one person
from the family of the land losers. The families are waiting for the past about
20 years and the Government has not considered the same. Thus, the writ
Court could have considered this aspect.
6. Mr.Anand Gopalan appearing on behalf of the respondents would
oppose by stating that, alternate land was promised and it was granted to the
land losers. Employment was never part of the scheme implemented for
acquiring the lands. About 358 families are land losers, whose lands are
acquired in the year 2004. Alternate lands were provided in the year 2010
and 2012. After a lapse of several years, the son / daughter / daughter-in-
law / grandson / granddaughter of the land losers’ family started filing
applications seeking employment. The said applications are not considered.
Hence, writ petitions came to be instituted and a direction was issued to
consider the applications. Thereafter, a contempt petition was filed. The
learned Single Judge of this of this Court directed for implementation of the
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WA No. 2574 of 2026
order for providing employment. The Board preferred Contempt Appeal No.1
of 2020 and the Division Bench delivered a judgment on 08.06.2022 allowing
the appeal, by setting aside the orders of the learned Single Judge.
7. Regarding the legal rights of the families of land losers, compensation
is a statutory right conferred under the Land Acquisition law. In the present
case, compensation had been settled to the land losers. In addition, the
Government promised to provide alternate land to the land losers.
Accordingly, alternate lands are provided to the land losers in the year 2010
and 2012, which is not disputed. Providing employment is only a concession
and is not an absolute right. In such cases where lands are acquired, the
Government do consider grant of employment on priority basis and based on
the terms and conditions. However, providing employment in such
circumstances cannot be claimed as an absolute right.
8. In the present case, acquisition was made in the year 2004,
compensation was settled and thereafter alternate lands were provided in the
year 2010 and 2012 and thus, the application seeking employment made after
a lapse of about 18 years from the year of acquisition is unsustainable. That
apart, the applications are received from the ineligible members of the family,
which all are not considered. Even in respect of the eligible members of the
family, employment cannot be a vested right. In the impugned writ order, the
learned Single Judge in Para 14 has settled the principles in consonance with
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WA No. 2574 of 2026
the law established and for all these reasons, this Court does not find any
infirmity in the writ order dated 06.03.2024.
9. Accordingly, the writ appeal is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
(S.M.S.,J.) (C.K.,J.)
27-08-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SLI
To
1.The Principal Secretary To Government
Government of Tamil Nadu,
Energy Department,
Fort St. George, Chennai – 9.
2.The Chairman,
Tamil Nadu Electricity Board, No.800,
Anna Salai, Chennai -2.
3.The Chief Engineer (Personnel)
Tamil Nadu Electricity Board,
TANGEDCO, No.800, Anna Salai, Chennai -2.
4.The Chief Engineer,
Mettur, Thermal Power Station,
TANGEDCO, Mettur, Mettur dam,
Salem District- 636 406.
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WA No. 2574 of 2026
S.M.SUBRAMANIAM, J.
AND
C.KUMARAPPAN, J.
SLI
WA No. 2574 of 2026
27-08-2026
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