Madras High Court
J.Victor Nallathambi vs The District Collector on 8 December, 2023
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)Nos.20517 to 20520 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)Nos.20517 to 20520 of 2014 and
WMP(MD) Nos.1,1,1,1 of 2014
W.P(MD)No.20517 of 2014:-
J.Victor Nallathambi ... Petitioner
Vs
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli.
3.The Superintendent of Police,
Tirunelveli,
Tirunelveli District.
4.The Tahsildar,
Palayamkottai Taluk Office,
Tirunelveli District.
5.The Principal,
Government Engineering College,
Palayamkottai,
Tirunelveli District.
1/16
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
6.The Tirunelveli Diocesan Trust Association,
No.5, Punithavathiyar Street,
Palayamkottai,
Tirunelveli. Respondents
(R6 is Suo Motu Impleaded Vide Court Order Dated 30/10/2023 in
WP(MD) No.20517 of 2014)
W.P(MD)No.20518 of 2014:-
Dulcy Arulraj, ... Petitioner
Vs
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli.
3.The Superintendent of Police,
Tirunelveli,
Tirunelveli District.
4.The Tahsildar,
Palayamkottai Taluk Office,
Tirunelveli District.
5.The Principal,
Government Engineering College,
Palayamkottai,
Tirunelveli District.
2/16
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
6.The Tirunelveli Diocesan Trust Association,
No.5, Punithavathiyar Street,
Palayamkottai,
Tirunelveli. ... Respondents
(R6 is Suo Motu Impleaded Vide Court Order Dated 30/10/2023 in
WP(MD) No.20518 of 2014)
W.P(MD)No.20519 of 2014:-
P. Janakinathan ... Petitioner
Vs
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli.
3.The Superintendent of Police,
Tirunelveli,
Tirunelveli District.
4.The Tahsildar,
Palayamkottai Taluk Office,
Tirunelveli District.
5.The Principal,
Government Engineering College,
Palayamkottai,
Tirunelveli District.
3/16
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
6.The Tirunelveli Diocesan Trust Association,
No.5, Punithavathiyar Street,
Palayamkottai,
Tirunelveli. Respondents
(R6 is Suo Motu Impleaded Vide Court Order Dated 30/10/2023 in
WP(MD)No.20519 of 2014)
W.P(MD)No.20520 of 2014:-
T.Premkumar ... Petitioner
Vs
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli.
3.The Superintendent of Police,
Tirunelveli, Tirunelveli District.
4.The Tahsildar,
Palayamkottai Taluk Office,
Tirunelveli District.
5.The Principal,
Government Engineering College,
Palayamkottai,
Tirunelveli District.
6.The Tirunelveli Diocesan Trust Association,
No.5, Punithavathiyar Street,
4/16
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
Palayamkottai,
Tirunelveli. Respondents
(R6 is Suo Motu Impleaded Vide Court Order Dated 30/10/2023 in
WP(MD)No.20520 of 2014)
PRAYER in W.P(MD)No.20517 of 2014:- Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue a
Writ of Declaration, declaring that the proceedings of the 2nd
respondent in A1/4122/1989 dated 13.01.1998 is illegal insofar as
against the petitioner and his property in Sy.No.103/1
Vengalaneersamuthiram Village, Tuckarammalpuram, Palayamkottai
Taluk, Tirunelveli District.
PRAYER in W.P(MD)No.20518 of 2014::- Writ Petition filed
under Article 226 of the Constitution of India, praying this Court to
issue a Writ of Mandamus, directing the respondents to remove the
wire fence put up by the 5th respondent in Petitioner s property in
Sy. No. 103/1, Vengalaneersamuthiram Village, Tuckarammalpuram,
Palayamkottai Taluk, Tirunelveli Dsitrict of measurign an extent of
13.5 cents in Plot No. 26 and restore the same to its original position
by considering the petitioner's representation dated 17.11.2014.
PRAYER in W.P(MD)No.20519 of 2014:- Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue a
Writ of Mandamus, directing the respondents to remove the wire
fence put up by the 5th respondent in Petitioner's property in Sy. No.
5/16
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
99/1 Vengalaneersamuthiram Village, Tuckarammalpuram,
Palayamkottai Taluk, Tirunelveli District of measuring an extent of
13.5 cents in Plot No. 70 and restore the same to its original position
by considering the petitioner's representation dated 17.11.2014.
PRAYER in W.P(MD)No.20520 of 2014:- Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue a
Writ of Mandamus, directing the respondents to remove the wire
fence put up by the 5th respondent in Petitioner's property in Sy. No.
99/1, Vengalaneersamuthiram Village, Tuckarammalpuram,
Palayamkottai Taluk, Tirunelveli Dsitrict of measuring an extent of
13.5 cents in Plot No.68 and restore the same to its original position
by considering the petitioner's representation dated 17.11.2014.
For Petitioners : No appearance
For R1, R2, R4 &R5: Mr.M.Sarangan
Additional Government Pleader
For R3 : Mr.B.Thanga Aravindh
Government Advocate(Crl.side)
For R6 : Mr.T.A.Ebenezar
(In all WPs)
COMMON ORDER
WP(MD) No.20517 of 2014 is filed for a Declaration,
declaring that the proceedings of the Revenue Divisional Officer,
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
Tirunelveli/the second respondent herein in A1/4122/1989 dated
13.01.1998 as illegal insofar as the petitioner's property in Sy.No.
103/1 Vengalaneersamuthiram Village, Tuckarammalpuram,
Palayamkottai Taluk, Tirunelveli District is concerned.
2.The other three writ petitions in WP(MD) No.20518
to 20520 of 2014 are filed for a Mandamus, directing the
respondents to remove the wire fence put up by the Government
Engineering College, Palayamkottai, Tirunelveli District/the fifth
respondent herein in Petitioners' property and restore the same to its
original position by considering their representation dated
17.11.2014.
3.The petitioners claim that they are the owners of the
subject property, which have been acquired by the official
respondents for the purpose of constructing an Engineering College.
According to the petitioners, they have purchased the subject
property from the Tirunelveli Diocesan Trust Association,
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
Palayamkottai, Tirunelveli by way of a registered sale deed.
4.Though the petitioners claim that they have purchased
the subject property from the Tirunelveli Diocesan Trust
Association, they have not impleaded the said Association as a party
to these writ petitions. Therefore, this Court, by order dated
30.10.2023 has suo motu impleaded the Tirunelveli Diocesan Trust
Association, Tirunelveli as a respondent in these writ petitions and a
direction was issued to the Tahsildar, Palayamkottai Taluk,
Tirunelveli District to conduct a survey on the subject lands and to
file a report to that effect.
5.On15.11.2023, when these writ petitions were taken up
for hearing, the learned Additional Government Pleader has filed a
report of the Surveyor and submits that the subject lands acquired
from the Tirunelveli Diocesan Trust Association fall well within the
campus of the Government Engineering College, Tirunelveli. The
learned Additional Government Pleader further submits that at the
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
time of acquisition, the subject land stands in the name of the
Tirunelveli Diocesan Trust Association and hence, notice was issued
to the Diocese. The Manager of the Diocese has participated in the
enquiry and thereafter only final award has been passed. The award
amount has also been deposited in the Sub Court, Tirunelveli. The
learned Additional Government Pleader has relied upon the order
passed by this Court in WP(MD) No.4821 of 2014, dated
13.07.2023 and the relevant portion is extracted as under:-
6. The learned Additional Government Pleader
appearing for the respondents relied on the
decision of the Hon'ble Full Bench reported in AIR
1989 Mad 222(P.C.Thanikavelu Vs. The Special
Deputy Collector for Land Acquisition, Madras).
The Hon'ble Full Bench had held that the
authorities are obliged to issue notice only to those
whose names appear in the revenue record. If the
purchaser of the land had failed to get his name
entered in the revenue record, the authorities while
acquiring the land are not obliged to notify him.
The learned Additional Government Pleader also
pointed out that this Judgment has been
consistently followed. He relied on the decisions
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
reported in 1999 (1) CTC 586 (P.Tamilarasan Vs.
State of Tamil Nadu) and (2009) 3 MLJ 1322
(K.N.Soundarrajan and others Vs. State of Tamil
Nadu).
7. Judicial discipline dictates that I follow the
aforesaid decisions. I therefore hold that failure on
the part of the authorities to notify the petitioner
before acquiring the petition mentioned land
cannot be put against them. In any event, the fifth
respondent can be said to have obtained illegally
only if they had fenced the land belonging to the
petitioner. Section 16 of the Land Acquisition Act,
1984 states that when one's possession is taken, it
is vested in the Government free of all
encumbrance. In the revenue record also, the land
had been classified as Government poromboke. The
fifth respondent cannot be faulted for having fenced
the property. This writ petition is not maintainable.
The petitioner will have to work out her remedy in
the manner known to law.
8. With this liberty to the petitioner, the writ petition is
dismissed. At the same time, equity obtaining in
this case cannot be lost sight of. The petitioner as
the land owner is entitled to seek enhancement of
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
the compensation. Under Section 18 of the Act, any
person interested in the acquired land possesses
such a right. Such right can be exercised only from
the date when the amount is tendered to the
petitioner. The petitioner was no where in the
picture. Therefore, the question of limitation
cannot be put against the petitioner. It is stated
that a sum of Rs.27,000/- has been deposited before
the civil Court. The petitioner is at liberty to seek
withdrawal of the same. If any such application is
made, it shall be allowed without notice. The
petitioner through her counsel states that the
amount awarded by the authorities is awfully
inadequate and does not reflect the market value. I
therefore direct the competent authority to make
reference before the jurisdictional court for
enhancement of the compensation. Such reference
will be made within a period of six weeks from the
date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition is
closed.
6.On the other side, the petitioners have taken a stand
that they have purchased the lands from the Diocese in the years
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
1972 and 1973. However, the revenue records have not been
mutated in their favour. The diocese has also failed to inform the
same to the revenue officials at the time of enquiry. According to the
petitioners, they have not been provided any opportunity of hearing
before passing the order.
7.The learned counsel appearing for the Tirunelveli
Diocesan Trust Association submits that they have informed the sale
of the subject lands to the Acquisition authorities.
8.There was no representation for the petitioner
continuously for more than five hearings. Even today, when these
writ petitions are taken up for hearing, there is no representation for
the petitioners. Considering the fact that the issue is pending from
the year 2014, this Court is inclined to dispose of these writ petitions
with the available materials.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
9.According to the petitioners, they are the owners of the
subject land, which was acquired by the respondents for the purpose
of constructing an engineering college. The petitioners are having a
sale deed executed by the Diocese. Their grievance is without any
acquisition proceedings, the respondents have taken over their lands,
which they have purchased by way of a registered sale deed.
According to the learned Additional Government Pleader, though the
petitioners claim that they have purchased the subject lands from the
Diocese, the revenue records stand in the name of the Diocese.
Therefore, notice was sent to the Diocese and the lands have been
acquired in the year 1994 as per law. Though the learned counsel for
the Diocese claims that they have informed about the sale of the
subject lands to the acquisition authorities, he has not produced any
sufficient materials to prove the same. It appears that being aware of
the acquisition proceedings, the Diocese have failed to inform the
authorities about the sale of the subject lands to the petitioners
herein. As per the survey report, the subject lands fall well within the
campus of the fifth respondent/ Engineering College and the fifth
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
respondent has also fenced the property.
10.In view of the fact that the revenue records stand in
the name of the Diocese/the sixth respondent herein and no
sufficient materials have been produced by the Diocese for having
given information about the sale which has taken place well before
the acquisition proceedings, these writ petitions are disposed of with
a liberty to the petitioners to work out their remedy against the
Diocese for their compensation, if any. No costs. Consequently,
connected Miscellaneous petitions are closed.
08.12.2023
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
To
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli.
3.The Superintendent of Police,
Tirunelveli,
Tirunelveli District.
4.The Tahsildar,
Palayamkottai Taluk Office,
Tirunelveli District.
5.The Principal,
Government Engineering College,
Palayamkottai,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.20517 to 20520 of 2014
B.PUGALENDHI, J.
vrn
Common Order made in
W.P(MD)Nos.20517 to 20520 of 2014 and
WMP(MD) Nos.1,1,1,1 of 2014
08.12.2023
https://www.mhc.tn.gov.in/judis
