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2025 DAILYLAW 136491 (MAD)

Rajendran @ Tamil Rajendiran R v. State of Tamil Nadu

WP(MD)/12992/2025 · 2025-04-29

J Nisha Banu, S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.12992 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025 CORAM: THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.12992 of 2025 and W.M.P(MD)Nos.9272 & 9273 of 2025 R.Rajendiran @ 'Tamil' Rajendiran ... Petitioner vs. State of Tamil Nadu, Represented by its Secretary, Department of Tamil Development and Information, Secretariat, Chennai – 600 009. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to G.O.Ms.No.22, dated 26.01.2024, Tamil Development and Information (Tha.Va. 1.2) issued by the respondent and quash the same. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.12992 of 2025 For Petitioner : Mr.R.S.Raveendhren For Respondent : Mr.P.Thilak Kumar Government Pleader ORDER (Order of the Court was made by J. NISHA BANU, J.) The present Writ Petition has been filed as a Public Interest Litigation, seeking to quash G.O.Ms.No.22, dated 26.01.2024, issued by the Tamil Development and Information (Tha.Va.1.2) Department, whereby G.O.Ms.No.12, dated 12.01.2022, was retrospectively amended by adding new conditions for the allotment of houses to Tamil scholars under the scheme titled "Kanavu Illam". 2.The petitioner states that the Government of Tamil Nadu launched the "Kanavu Illam" scheme to honour Tamil scholars who have received prestigious awards such as the Jnanpith Award, Sahitya Akademi Award, and other national or international literary recognitions, by allotting them houses. As 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.12992 of 2025 per G.O.Ms.No.12, dated 12.01.2022, the scheme was intended to recognize the merit of the award itself and not the recipient’s personal status or property ownership. A circular dated 28.02.2022 invited eligible awardees to apply, even if they already owned a house, and permitted a maximum of ten beneficiaries per financial year. Many scholars applied and were allotted houses based on this order. However, the Government subsequently issued G.O.Ms.No.22, dated 26.01.2024, modifying the eligibility criteria to exclude individuals who had purchased property from the Tamil Nadu Housing Board or had received any Government-allotted land or housing, even at market value. This new order was applied retrospectively, resulting in certain allotments being withheld or rejected. 3.The petitioner further contends that the amendment contradicts the original intent of the scheme, is arbitrary, and undermines the objective of honouring Tamil literary achievers. While appreciating the intent of the scheme, the petitioner asserts that the retrospective amendment is unjust and potentially unlawful. Accordingly, the present Writ Petition has been filed to quash the impugned G.O.Ms.No.22, dated 26.01.2024. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.12992 of 2025 4.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent. Perused the materials placed on record. 5.Upon careful consideration of the submissions made and the records placed, it is evident that the petitioner has approached this Court in public interest, challenging G.O.Ms.No.22, dated 26.01.2024, which retrospectively amended the eligibility criteria under the "Kanavu Illam" scheme. However, the petitioner is neither a direct beneficiary nor an aggrieved individual affected by the impugned Government Order. It is a well-settled principle of law that only a person who is directly and substantially affected by a Government Order can maintain a challenge, unless exceptional public interest is clearly demonstrated. 6.In the present case, the Court finds no compelling ground or demonstrable public interest warranting judicial interference at the instance of the petitioner, who is not an applicant or a recipient under the scheme. The persons directly affected by the retrospective amendment, if any, are at liberty to approach the appropriate forum for redressal. 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.12992 of 2025 7.Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To The Secretary, Represented by the State of Tamil Nadu, Department of Tamil Development and Information, Secretariat, Chennai – 600 009. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.12992 of 2025 J.NISHA BANU , J. and S.SRIMATHY, J. ps ORDER MADE IN W.P(MD)No.12992 of 2025 DATED : 29.04.2025 6/6 https://www.mhc.tn.gov.in/judis