Madras High Court
S.K. Subramani vs The Managing Director on 6 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No. 3656 of 2025 and etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2025
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.Nos. 3656, 3678, 3689, 3668, 3672, 3674, 3679, 3681, 3684 and
3687 of 2025
W.P. No.3656 of 2025
S.K. Subramani
S/o. Kandasamy Gounder ... Petitioner
vs
1. The Managing Director,
Tamil Nadu Housing Board,
C.M.D.A. Complex,
E & C Market Road,
Koyambedu, Chennai 600 057.
2. The Executive Engineer and
Administrative Officer,
Salem Housing Unit,
Tamil Nadu Housing Board,
Iyyanthirumaligai Road,
Salem 636 008.
3. The Special Tahsildar (Land Acquisition),
Tamil Nadu Housing Board,
Salem Housing Unit,
Iyyanthirumaligai Road,
Salem ...Respondents
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W.P.No. 3656 of 2025 and etc., batch
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus or any other writ, order or
direction in the nature of a writ directing the respondents to deposit the
balance amount of compensation payable to the petitioner's half share in
the land acquired viz., 1.01 acres in S.No.197/1, 197/3 and 198/7B,
Kadachanallur Village, Tiruchengode Taluk, Namakkal District under
the award No.16/86-87 as enhanced in L.A.O.P. No.27/1992 on the file
of the Subordinate Court, Salem and confirmed in A.S. No.329/1997 by
this Hon'ble Court, and as admitted by the 3rd respondent in his Letter
No. Na.ka./General/2022, dated 17.11.2023, forthwith.
For Petitioner : Mr. P. Jagadeesan
For R1 to R3 : Mr. A. Selvendran,
Special Government Pleader
COMMON ORDER
The issue involved in all these writ petitions is common and
hence the matter was heard together and this common order is passed.
2. The case of the petitioners is that their respective properties was
the subject matter of acquisition under the Land Acquisition Act, 1894.
The acquisition was made for the purpose of construction of houses for
the Tamil Nadu Housing Board. An Award came to be passed and the
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W.P.No. 3656 of 2025 and etc., batch
petitioners were not satisfied with the quantum of compensation fixed.
Hence, each of the petitioner filed a petition for enhancement of
compensation before the Subordinate Court, Salem. The Subordinate
Court, Salem, on considering the claim made by the petitioners, was
pleased to fix the compensation at the rate of Rs.3.50 per square feet
along with solatium and interest. The compensation was also fixed
insofar as the trees that were available in the property and interest was
directed to be paid towards that compensation also.
3. Aggrieved by the compensation fixed by the Subordinate Court,
Salem, the Special Tahsildar, filed appeals before this Court in A.S. Nos.
329 to 331/1997, A.S.No.21/1996 and A.S.No.672/2005. A Cross
Objection was also filed seeking for enhancement of compensation. All
these appeals were taken up together and the Division Bench of this
Court, by judgment dated 15.12.2005, confirmed the order passed by the
reference court and dismissed all the appeals. A direction was issued to
the Acquisition Officer and the requisitioning body to deposit the entire
compensation amount with interest within a period of three months. The
grievance of the petitioners is that during the pendency of the appeals,
the Housing Board deposited a portion of the compensation amount,
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W.P.No. 3656 of 2025 and etc., batch
out of which the petitioners were permitted to withdraw one fourth.
After the disposal of the appeals, another portion of the amount was
deposited. However, the entire deposit was not made and, as a result, the
petitioners were not in a position to get the entire compensation amount
that was fixed by the reference court and which was confirmed by this
Court.
4. The petitioners made a representation in this regard to the third
respondent and the third respondent through individual communications
dated 17.11.2023 / 22.11.2023, informed the petitioners that the entire
compensation amount payable till 31.08.2023 has already been calculated
and it has been informed to the Housing Board and once the amount is
deposited in the Court, the same will be paid to the petitioners.
Thereafter, there was absolutely no development and, as a result, the
petitioners were not paid the balance compensation amount. Aggrieved
by the same, these Writ Petitions have been filed before this Court
directing the respondents to deposit the balance compensation amount
that is payable to the petitioners with respect to the subject property
which was acquired and for which compensation amount was determined
by the Subordinate Court, Salem, and which was also confirmed by the
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W.P.No. 3656 of 2025 and etc., batch
Division Bench of this Court.
5. Taking into consideration the facts and circumstances of the
case and considering the materials placed before this Court and also
considering the genuine grievance that has been expressed by the
petitioners, there shall be a direction to the first and second respondents
to ensure that the entire balance compensation amount, as was calculated
by the third respondent till 31.08.2023, is sent to the third respondent
within a period of six weeks from the date of receipt of a copy of this
order. On receipt of the same, the third respondent shall deposit the same
in the respective L.A.O.P before the Subordinate Court, Salem,
immediately. An intimation shall be sent to the petitioners and thereafter
the petitioners shall be permitted to withdraw the balance compensation
amount. This Court makes it very clear that the entire process must be
completed within a period of eight (8) weeks from the date of receipt of a
copy of this order since the petitioners have been waiting for this
compensation for almost three decades.
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W.P.No. 3656 of 2025 and etc., batch
6. These Writ Petitions are disposed of with the above directions.
No costs.
7. Post these Writ Petitions under the caption 'for reporting
compliance' on 21.04.2025.
06.02.2025
Internet : Yes / No
Index: Yes / No
Speaking order / Non speaking order
Bga
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W.P.No. 3656 of 2025 and etc., batch
To
1. The Managing Director,
Tamil Nadu Housing Board,
C.M.D.A. Complex,
E & C Market Road,
Koyambedu, Chennai 600 057.
2. The Executive Engineer and
Administrative Officer,
Salem Housing Unit,
Tamil Nadu Housing Board,
Iyyanthirumaligai Road,
Salem 636 008.
3. The Special Tahsildar (Land Acquisition),
Tamil Nadu Housing Board,
Salem Housing Unit,
Iyyanthirumaligai Road,
Salem
https://www.mhc.tn.gov.in/judis
W.P.No. 3656 of 2025 and etc., batch
N. ANAND VENKATESH, J.
bga
W.P.Nos. 3656, 3678, 3689, 3668,
3672, 3674, 3679, 3681,
3684 and 3687 of 2025
06.02.2025
(1/2)
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