Madras High Court
Bhuvaneshwari vs The District Collector on 29 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
and W.M.P(MD)Nos.352, 353, 355, 356 of 2020 and 1507 of 2021
Bhuvaneshwari
... Petitioner in W.P(MD)No.472 of 2020
M.P.R.Malayandi@ Ashok
... Petitioner in W.P(MD)No.475 of 2020
Ravichandran. T @ Annaikuty
... Petitioner in W.P(MD)No.1774 of 2021
Vs
1. The District Collector,
Madurai District.
2. The Competent Authority/
Special District Revenue Officer,
Madurai Land Acquisition, NH 785, 785E and 85,
Madurai District District Collectorate,
Madurai.
3. The Project Officer,
National Highways,
Madurai Natham Highway Project,
Lake Area Madurai.
4. T.Ravichandran
1/8
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W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
5. S.Amutha
6. S.Thavatamil
7. S.Tamilmani
... Respondents in W.P(MD)Nos.472, 475 of 2020
1. The District Collector
The District Collector, Madurai.
2. The Authorized Officer,
and Special District Revenue Officer,
O/o.The Authorized Officer and Special
District Revenue Officer, Madurai.
3. The Tahsildar,
O/o.The Tahsildhar, Madurai South,
Madurai.
4. M.P.R.Malayandi @ Ashok
... Respondents in W.P(MD)No.1774 of 2021
Prayer in WP(MD)No.472 of 2020: Writ Petition is filed under Article
226 of the Constitution of India praying for issuance of a Writ of
Certiorarified Mandamus, to calling for the records pertaining to the
impugned order passed by the 2nd respondent, dated 25.09.2019 in
Na.Ka.No.26714/2018/P3 and orders, dated 03.10.2019 in Na.Ka.no.
249/2019/A1 and quash the same and consequently direct the 2nd
respondent to disperse the compensation amount to the petitioner
towards the acquisition of the properties comprised in S.No.3/3B,
situated in Kavanoor village, Madurai North Taluk, Madurai District.
2/8
https://www.mhc.tn.gov.in/judis
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
Prayer in WP(MD)No.475 of 2020: Writ Petition is filed under Article
226 of the Constitution of India praying for issuance of a Writ of
Certiorarified Mandamus, to call for the records pertaining to the
impugned order passed by the 2nd respondent dt 25.9.2019 in Na.Ka.no.
26714/2018/P3 and orders, dated 03.10.2019 in Na.Ka.no.249/2019/A1
and quash the same and consequently direct the 2nd respondent to
disburse the compensation amount to the petitioner towards the
acquisition of the properties comprised in S.No. 56/1, 57/1A,57/4A,
57/5A, 59/1B, 59/6B, 59/9B, 59/10A, 60/5A1, 7/6A, situated in
Peryapatti village, Manthikulam village and Kavanoor village, Madurai
North Taluk, Madurai District.
Prayer in WP(MD)No.1774 of 2021: Writ Petition is filed under Article
226 of the Constitution of India praying for issuance of a Writ of
Certiorarified Mandamus, calling for the records pertaining to the
impugned order in Na.Ka.No.Aa1/1094/2021 dt 08.01.2021 passed by
the respondent no.2 and quash the same as illegal and consequently
direct the respondent No.2 not to disburse the land compensation amount
to the respondent No.4 for acquiring the land in Survey No.69/3 to an
extent of 700 square meter at Manthikulam Village, Madurai North,
Madurai for constructing a laying of road.
In W.P(MD) Nos.472, 475 of 2020
For Petitioners : Mr.N.S.Karthikeyan
For Respondents : Mr.A.K.Manikkam (R1-2)
Special Government Pleader
Mr.S.Sankarapandian (R3)
Mr.S.M.A.Jinnah (R4)
3/8
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W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
In W.P(MD) No.1774 of 2021:
For Petitioner : Mr.S.M.A.Jinnah
For Respondents : Mr.A.K.Manikkam (R1-3)
Special Government Pleader
Mr.Ramsundar Vijayaraj (R4)
COMMON ORDER
The issues involved in all these writ petitions are common and
hence, they are taken up together, heard and disposed of through this
common order.
2.The petitioners have challenged the impugned proceedings of
the second respondent dated 25.09.2019 and 03.10.2019 wherein, the
second respondent has come to a conclusion that the inter se rights
between the parties is pending before the competent Civil Court and
hence, till the rights are determined and final Judgment and Decree is
passed, the compensation amount could not be paid. Accordingly, the
compensation amount was deposited on the file of learned Principal
District Judge, Madurai.
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W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
3.When these writ petitions were taken up for hearing, it was
brought to the notice of this Court that the civil proceedings that were
pending in O.S.No.224 of 2007 and in S.A.No.1840 of 2003 have been
disposed of through Judgment and Decree, dated 14.11.2022 and
19.06.2023 respectively. In view of the same, the parties are now at
liberty to withdraw the amount, which is lying on the file of learned
Principal District Judge, Madurai.
4.In view of the above development, it is not necessary to go
into the legality or otherwise of the impugned orders that have been put
to challenge. It will suffice, if the petitioners in W.P(MD) Nos.472 and
475 of 2020 are permitted to withdraw the amount that is lying on the file
of the learned Principal District Judge, Madurai. It is left open to the
petitioners to file an appropriate application before the learned Principal
District Judge, Madurai and the same shall be entertained and the
petitioners shall be permitted to withdraw the amount. This process shall
be completed by the learned learned Principal District Judge, Madurai
within a period of four weeks from the date of receipt of copy of this
order.
https://www.mhc.tn.gov.in/judis
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
5.On going through the impugned order, dated 08.01.2021,
which is the subject matter of challenge in W.P(MD) No.1774 of 2021, it
is seen that there is no indication that the amount was deposited before
the learned Principal District Judge, Madurai. The order only states that
the amount is payable to the Andammal Annadanam Trust, since the
patta stands in the name of the Trust. Therefore, if the amount has not
been deposited in the Court till date, there shall be a direction to the
second respondent to disburse the amount to the Managing Trustee of the
Trust. If this amount is deposited in the Court, it is left open to the
Managing Trustee to file an application and seek for disbursement of the
amount deposited.
6.If, in case the amount is not deposited, the same shall be paid
by the second respondent to the Managing Trustee of the trust within a
period of four weeks from the date of receipt of copy of this order. If it is
deposited in Court, an application shall be filed by the Managing Trustee
of the trust before the learned Principal District Judge, Madurai and the
same shall be entertained by the learned Principal District Judge,
Madurai and permission shall be granted to withdraw the amount. This
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W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
process shall be completed by the learned Principal District Judge,
Madurai within a period of four weeks from the date of filing of
application by the Managing Trustee of the Trust.
7.Accordingly, all these writ petitions are disposed of in the
above terms. No costs. Consequently, connected miscellaneous petitions
are closed.
29.11.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
PNM
To
1. The Principal District Judge, Madurai
2. The District Collector,
Madurai District.
3. The Competent Authority/
Special District Revenue Officer,
Madurai Land Acquisition, NH 785, 785E and 85,
Madurai District District Collectorate,
Madurai.
4. The Project Officer,
National Highways,
Madurai Natham Highway Project,
Lake Area Madurai.
https://www.mhc.tn.gov.in/judis
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
N.ANAND VENKATESH, J.
PNM
COMMON ORDER IN
W.P. (MD).Nos.472, 475 of 2020 and 1774 of 2021
and W.M.P(MD)Nos.352, 353, 355,
356 of 2020 and 1507 of 2021
29.11.2023
https://www.mhc.tn.gov.in/judis
