Madras High Court
The Executive Officer vs B.Sivaraman on 20 September, 2023
W.A.No.2980 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2980 of 2021
The Executive Officer,
Arulmigu Selva Vinayagar & Kothandaramar Temple,
West Tambaram,
Chennai-600 045. .. Appellant
Vs
1.B.Sivaraman
2.B.Krishnamurthi
3.B.Thyagarajan
4.The Commissioner,
Hindu Religious and Charitable Endowments Dept.,
Nungambakkam,
Chennai-600 034.
5.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Dept.,
Nungambakkam,
Chennai-600 034.
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W.A.No.2980 of 2021
6.The Special Revenue District Officer,
Land Acquisition,
National Highways Schemes,
Kanchipuram and Tiruvallur Districts,
Kanchipuram. .. Respondents
Prayer : Appeal under Clause 15 of the Letters Patent against the
order passed by the learned Single Judge in W.P.No.15344 of 2014
dated 19.07.2021 and 12.08.2021.
For the Appellant : Mr.J.Chandran Sunder Sashikumar
for Mr.S.Adaikkappan @ Sithirai
Anandam
For the Respondents : Mr.R.Rajarajan
for respondent Nos.1 to 3
: Mr.N.R.R.Arun Natarajan
Spl. Govt. Pleader (HR & CE)
for respondent Nos.4 and 5
Mr.P.Muthukumar
State Government Pleader
for respondent No.6
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.J.Chandran Sunder Sashikumar, learned
counsel for the appellant; Mr.R.Rajarajan, learned counsel for
respondents 1 to 3; Mr.N.R.R.Arun Natarajan, learned Special
Government Pleader (HR & CE) for respondents 4 and 5; and,
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W.A.No.2980 of 2021
Mr.P.Muthukumar, learned State Government Pleader for respondent
No.6.
2. The order passed by the learned Single Judge is assailed.
3. The present respondents 1, 2 and 3 had filed writ petition
bearing W.P.No.15344 of 2014 seeking directions against the fourth
respondent in the writ petition to pay the compensation amount of
Rs.1,33,45,948/- to the original petitioners in respect of the
ownership of the property situated at No.55, G.S.T. Road, Survey
No.5, Irumpuliyur Village, Tambaram Taluk. The petitioners also
challenged the order appointing a Fit Person.
4. The learned Single Judge has allowed the writ petition
accepting that the HR & CE Department has no claim over the
property in question and the consideration for acquisition is to be
handed over to the original petitioners. The learned Single Judge
observed that no-objection has been conveyed by the Assistant
Commissioner, HR & CE Department.
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W.A.No.2980 of 2021
5. In fact, the stand of the HR & CE Department is not clear.
The Assistant Commissioner, HR & CE Department, had requested
the Highways Authority to pay the compensation to the Fit Person
appointed for the temple and not to pay compensation to the
individuals and, on the second breath, before the learned Single
Judge, has contended otherwise. The learned Single Judge has also
commented upon the stand of the HR & CE Department.
6. It appears that the issue with regard to the title, namely
whether the private persons are the owners or the temple, is the
subject matter of dispute.
7. Section 3-H(4) of the National Highways Act, 1956 provides
that if any dispute arises as to the apportionment of the amount or
any part thereof or to any person to whom the same or any part
thereof is payable, the competent authority shall refer the dispute to
the decision of the Principal Civil Court of original jurisdiction within
the limits of whose jurisdiction the land is situated.
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W.A.No.2980 of 2021
8. The dispute exists between the parties as to whether the
temple is the owner of the property or the private individuals are the
owners of the property.
9. In the light of that, we set aside the order of the learned
Single Judge and direct the National Highways Authority to adopt
the procedure under Section 3-H(4) of the Act. As the Assistant
Commissioner, HR & CE Department has already raised a dispute
and requested that the compensation should be paid to the Fit
Person and not to any individuals, whereas the writ petitioners/
individuals have claimed the compensation amount on the ground
that they are owners of the property, the dispute of title exists. In
view of that, it would be appropriate to resort to the recourse
provided under Section 3-H(4) of the Act.
10. The authority concerned shall refer the dispute to the
concerned Principal Court of civil jurisdiction, preferably within one
month from today. The parties shall appear before the Principal
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W.A.No.2980 of 2021
Court of civil jurisdiction, where the matter is being referred to for
adjudication, on 1.11.2023. In view of the fact that the date is
already given by this court, it will not be necessary for the civil court
to issue fresh notices. The civil court shall endeavour to decide the
said suit/dispute expeditiously.
11. The amount with the DRO/Land Acquisition Officer shall be
remitted to the court where the dispute is referred to. The Court,
where the dispute is referred to, shall invest the said amount in a
fixed deposit till the disposal of the suit/dispute. The Principal
District Judge shall thereafter take steps for payment of the amount
in tune with the judgment that may be delivered by the civil court.
The writ appeal is disposed of accordingly. There will be no
order as to costs. Consequently, C.M.P.No.20257 of 2021 is closed.
(S.V.G., CJ.) (P.D.A., J.)
20.09.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.No.2980 of 2021
To
1.The Commissioner,
Hindu Religious and Charitable Endowments Dept.,
Nungambakkam,
Chennai-600 034.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Dept.,
Nungambakkam,
Chennai-600 034.
3.The Special Revenue District Officer,
Land Acquisition,
National Highways Schemes,
Kanchipuram and Tiruvallur Districts,
Kanchipuram.
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W.A.No.2980 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.2980 of 2021
20.09.2023
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