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Madras High CourtCMP/4881/2020dismissed

Subathal v. Subramani

2026-03-10Honourable Mr.Justice S. Sounthar2 pages

C.M.P.No.4881 of 2020 in S.A.No.238 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.M.P.No.4881 of 2020 in S.A.No.238 of 2020 1.Subathal 2.Palaniammal 3.Balasubramani 4.P.Ramasamy ... Petitioners/Appellants vs.

1.Subramani 2.Ramasamy 3.The Authorised Officer, National Highways, No.3, Savarimuthu Chettiar Street, Near Om Sakthi Hospital, Redfleeds, Coimbatore - 641 045.

4.Kandasamy ... Respondents PRAYER: Civil Miscellaneous Petition is filed under Section 151 of Code of Civil Procedure, to grant in order of interim direction, directing the 3rd Respondent to deposit the amount of compensation payable to the family of the Petitioners and the Respondents for the acquisition of their family land in S.F.No.42/2C of Thekkalur Village, Avinashi Taluk, Tirupur District into the credit of the above suit in O.S.No.339 of 2005 on the file of the District Munsif Court, Avinasi.

For Petitioners : Mr.D.Selvaraju For R2 : Mr.V.Anandamurthy 1/2 https://www.mhc.tn.gov.in/judis

C.M.P.No.4881 of 2020 in S.A.No.238 of 2020 S.SOUNTHAR, J.

dm

O R D E R

This Civil Miscellaneous Petition has been filed seeking a direction to the 3rd respondent to deposit the amount of compensation payable to the family members of the petitioners and respondents in respect of portion of the family property acquired under provisions of Land Acquisition Act.

2. In the suit for partition filed by the sharers, there cannot be a direction to the Land Acquisition Authority to deposit the amount. In case of dispute between the parties regarding the person entitled to receive compensation, the Land Acquisition Officer can only make a reference to the concerned Court to decide the dispute with regard to the claim by more than one persons. Therefore, this Court is not inclined to issue any direction in this civil miscellaneous petition. Accordingly, the C.M.P.No.4881 of 2020 is dismissed. No costs.

10.03.2026 (1/2) dm To 1.The District Munsif Court, Avinasi.

2.The Authorised Officer, National Highways, No.3, Savarimuthu Chettiar Street, Near Om Sakthi Hospital, Redfleeds, Coimbatore - 641 045. C.M.P.Nos.4881 of 2020 in S.A.No.238 of 2020 2/2 https://www.mhc.tn.gov.in/judis