Madras High Court
Sakkubai vs The Special District Revenue ... on 14 September, 2022
W.A.(MD) No.1027 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.(MD) No.1027 of 2022
Sakkubai ... Appellant
-vs-
1.The Special District Revenue Officer
(Land Acquisition)
Chennai – Kanniyakumari Industrial
Corridor Project (CKICP),
Plot No.74, Vijayaraghavan Nagar,
Jagir Ammapalayam,
Salem.
2.S.Sathya Narayanan ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
dated 19.07.2021, passed in W.P.(MD) No.12176 of 2021, on the file of this
Court.
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W.A.(MD) No.1027 of 2022
For Appellant : Mr.P.Ganapathi Subramanian
For Respondents : Mr.V.Nirmal Kumar
Government Advocate for R1
JUDGMENT
[Judgment of the Court was made by R.MAHADEVAN, J.]
Aggrieved over the order dated 19.07.2021, passed by the learned
Judge in W.P.(MD) No.12176 of 2021, the appellant / second respondent in the
said writ petition, has come up with this writ appeal.
2. The aforesaid writ petition was filed by the second respondent
herein, seeking a direction to the first respondent to pay compensation for the
acquired land in Old Survey No.81/1, Natham New Survey No.595/1,
Muthiyampalayam Village, Thuraiyur Taluk, Tiruchirappalli District, measuring
to an extent of 153 Sq.Metres for the purpose of widening and extension of State
Highway No.142 from Thuraiyur to Perambalur under Chennai – Kanniyakumari
Industrial Corridor Project (CKICP), before taking possession and demolishing
the existing super structure built in the said land. Taking note of the fact that
there was rival claim with respect to the subject land and the first respondent
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W.A.(MD) No.1027 of 2022
conducted enquiry, but no final order was passed, the learned Judge by order
dated 19.07.2021, disposed of the said writ petition, by directing the first
respondent herein to proceed further with the enquiry and pass final order on
merits and in accordance with law, after hearing the appellant herein, within a
period of four weeks. The second respondent / writ petitioner was also permitted
to make a fresh representation to the first respondent along with all the relevant
documents. The said order of the learned Judge is under challenge in this writ
appeal, at the instance of the appellant / second respondent therein.
3. The learned counsel for the appellant submitted that the appellant
being the owner of the subject land, is entitled to receive the entire compensation,
but the same was not considered by the learned Judge. Adding further, the learned
counsel submitted that the learned Judge failed to appreciate the fact that when
there is a dispute regarding the title of the parties, the acquisition officer ought to
have deposited the award amount before the competent civil Court and the civil
Court alone can decide the entitlement of the rival parties. It is also submitted that
without issuing any notice to the appellant, the name of the second respondent /
writ petitioner was included in the patta. However, the first respondent /
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W.A.(MD) No.1027 of 2022
acquisition officer without conducting proper enquiry qua title of the parties, has
proceeded to pay compensation to the second respondent, pursuant to the order of
the learned Judge. Thus, according to the learned counsel, the order of the learned
Judge warrants interference at the hands of this court.
4. Denying the allegation so made against the first respondent, the
learned Government Advocate taking notice for the first respondent, submitted
that as directed by the learned Judge, the first respondent is in the process of
conducting the further enquiry and passing the final orders, on merits and as per
law, that too, after providing an opportunity of hearing to the appellant as well.
5. This considered the submissions made by the learned counsel for
the appellant / second respondent and the learned Government Advocate taking
notice for the first respondent / first respondent.
6. On a perusal of the documents enclosed in the typed set of papers
including the order impugned herein, it could be seen that though the second
respondent sought a direction to the first respondent herein, to pay compensation
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W.A.(MD) No.1027 of 2022
to him for the land acquired, considering the rival claim with respect to the
subject land, the learned Judge, without going into the merits of the case,
disposed the writ petition by merely directing the first respondent to conduct
further enquiry and pass final orders, based on the materials produced by both the
parties. Further, the learned Judge clearly stated in the said order that the first
respondent has to pass the final orders, after providing due opportunity to the
appellant as well. Such an order passed by the learned Judge is in no way affect
the right of the parties to establish their case by producing the relevant documents
before the authority concerned and hence, the same does not require any
interference at the hands of this court.
7. Moreover, it is pertinent to point out at this juncture that when the
court finds the dispute to be as bonafide one, which requires oral and
documentary evidence for its determination, then, a writ petition under Article
226 of the Constitution is not the appropriate remedy. The Hon'ble Supreme Court
in State of Rajasthan v. Bhawani Singh and others [1993 Supp(1)SCC 306], has
categorically observed that “disputed question relating to title cannot be
satisfactorily gone into or adjudicated in a writ petition”.
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W.A.(MD) No.1027 of 2022
8. In such view of the matter, the writ appeal deserves to be
dismissed as devoid of merit and is accordingly, dismissed. No costs.
[R.M.D., J.] [J.S.N.P., J.]
14.09.2022
Index : Yes / No
Internet : Yes / No
pkn
To
The Special District Revenue Officer
(Land Acquisition)
Chennai – Kanniyakumari Industrial
Corridor Project (CKICP),
Plot No.74, Vijayaraghavan Nagar,
Jagir Ammapalayam,
Salem.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1027 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
pkn
W.A.(MD) No.1027 of 2022
14.09.2022
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