Madras High Court
P.Thangavel vs The District Collector on 6 October, 2021
W.P(MD)No.18010 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18010 of 2021
P.Thangavel ... Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The National Highways Authority of India,
Represented by its Regional Officer,
2nd and 3rd Floor,
Vijay Krishna Plaza,
No.1, Lake Area, Melur Main Road,
Mattuthavani,
Madurai – 625 007.
3.The Competent Authority and Special District Revenue Officer,
Land Acquisition-National Highways NH 209),
Dindigul,
Dindigul District.
4.The Special Tahsildar (Land Acquisition),
National Highways NH-209,
Ottanchatram Unit – II,
Dindigul District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, by directing the respondents to
disburse the award amount to the petitioner for his land in Survey Nos.87/1A,
88/1A1 and 88/1A2 in an extent of 1.5 Acres situated at Periyakarattupatti,
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1/5
W.P(MD)No.18010 of 2021
Reddiyapatti Panchayat, Ottanchathiram Taluk, Dindigul District by
considering the petitioner's representation dated 17.08.2021 within the time
frame stipulated by this Hon'ble Court.
For Petitioner : Mr.T.Thirumurugan
For R-1, R-3
and R-4 : Mr.K.S.Selva Ganesan
Counsel for State
For R-2 : Mr.Arul Vadivel @ Sekar
Standing Counsel
ORDER
The petitioner seeks a direction to the respondents to disburse his
share of the award amount in respect of land bearing Survey Nos.87/1A,
88/1A1 and 88/1A2 of an extent of 1.5 Acres at Periyakarattupatti, Reddiyapatti
Panchayat, Ottanchathiram Taluk, Dindigul District.
2. The petitioner states that the above mentioned land is jointly
owned by his brother, Chinnasamy and himself. The joint patta issued in
respect of the said property is cited in support of such submission. The
petitioner states that the above mentioned properties were acquired for a
National Highways Project. The compensation in respect thereof was fixed.
The petitioner claims a 50% share in such compensation. However, it appears
that there is a dispute between the petitioner and the legal heirs of his brother,
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18010 of 2021
Chinnasamy. Therefore, the petitioner has not received compensation. After
submitting a representation dated 17.08.2021, the present Writ Petition is filed.
3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of respondents 1, 3 and 4 and Mr.Arul Vadivel @ Sekar,
learned Standing Counsel, accepts notice on behalf of the second respondent. It
is submitted on behalf of the second respondent that in case of a dispute with
regard to apportionment of compensation, the person aggrieved should
approach the jurisdictional civil court in terms of Section 3-H(4) of the
National Highways Act, 1956. Therefore, he points out that the compensation
would be paid if the parties concerned reach a settlement among themselves or
pursuant to a judgment and decree of a competent civil court as prescribed in
Section 3-H(4).
4. In light of the aforesaid statutory prescription, no purpose would
be served by issuing a Mandamus as prayed for by the petitioner. Instead, it is
open to the petitioner to avail of the statutory remedy so as to claim his portion
of the compensation. In this regard, it is pertinent to note that the compensation
amount has been deposited by the beneficiary with the competent authority.
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W.P(MD)No.18010 of 2021
5. Accordingly, W.P.(MD).No.18010 of 2021 is disposed of by
leaving it open to the petitioner to avail of his statutory remedy under Section
3-H(4) of the National Highways Act, 1956. There will be no order as to costs.
06.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Collector,
Dindigul District,
Dindigul.
2.The Regional Officer,
National Highways Authority of India,
2nd and 3rd Floor,
Vijay Krishna Plaza,
No.1, Lake Area, Melur Main Road,
Mattuthavani,
Madurai – 625 007.
3.The Competent Authority and Special District Revenue Officer,
Land Acquisition-National Highways NH 209),
Dindigul,
Dindigul District.
4.The Special Tahsildar (Land Acquisition),
National Highways NH-209,
Ottanchatram Unit – II,
https://www.mhc.tn.gov.in/judis/
Dindigul District.
W.P(MD)No.18010 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
W.P(MD)No.18010 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
