Gowthaman v. The Project Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Gowthaman S/o. Muthusamy, 4/22, M.V.

Thottam, Thippamatti, Pollachi Taluk -642107.

Petitioner Vs

1. The Project Director National Highway Authority of India, Project Implementation Unit, Plot No. 1, Indira Nagar, sennamanaickenpatti(PO), Thadikombu Road, Dindigul - 624 001.

2.The Special District Revenue officer (Land Acquisition), National Highways No. 209, No. 567, Apj , Abdul Kalam Street, Sennamanaickenpatti Post, Dindigul - 624004.

3.Sarojini, W/o. Late Arumugam, Thippampatti, Pollachi Taluk.

4.Rajaveni, W/o. Velliyangiri, Kinathukkadavu, 1/8

Pollachi.

5.Ramaraj, S/o. Thangavel, Kattusalai, Thippampatti, Pollachi Taluk.

6.Thangamani, S/o. Chandhiran, Oreagounder Thottam, Pellampalayam, Kinathukadavu.

7.Sivakumar, S/o. Thangavel, Kattusalai, Thippampatti, Pollachi Taluk.

8.Muthusamy, S/o. Late Krishnasamygounder, Thippampatti, Pollachi Taluk.

9.Krishnamurthy, S/o. Late Kuppusamy, Thippampatti, Pollachi Taluk.

10.Senthilvel, S/o. Late Kuppusamy,, Thippampatti, Pollachi Taluk.

11.Subbulakshmi, W/o. Late Rangaraj, Thippampatti, Pollachi Taluk.

12.Sangeetha, D/o. Late Rangaraj, Thippampatti, Pollachi Taluk.

13.Sathyapriya, D/o. Late Rangaraj, Thippampatti, Pollachi Taluk.

Respondent(s) 2/8

Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to pay compensation for the land acquired for Expansion of National Highway No.209 (Dindigul to Pollachi) in S.Nos.42/4 and 43/3p3 of Thippampatti Village, Pollachi Taluk, Coimbattore District by considering the petitioners representation dated 09.12.2022 within a stipulated time.

For Petitioner :

Mr.V.Anandhamurthy For Respondents :

Mr.Su.Srinivasan Standing Counsel, for R1 R3, R5, R7 - Served - NA R4 & R6 - Addressee moved *****

O R D E R

This writ petition has been filed for issue of a writ of mandamus directing the first and second respondents to pay compensation for the lands acquired from the petitioner based on the representation made by the petitioner on 09.12.2022.

2. The first respondent has filed a counter affidavit. Relevant portions are extracted hereunder:

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3. Heard Mr.V.Anandhamurthy, learned counsel on record for petitioner and Mr.Su.Srinivasan, learned Standing Counsel for R1.

4. On carefully reading the counter affidavit filed by the first respondent, it is seen that the main award has already been passed by the competent authority and thereafter, an additional award was also passed on 11.02.2020. Thereby, the total compensation has been determined at Rs.87,84,173/-. Since there was a dispute between the parties and a partition suit had been filed in O.S.No.357 of 2012 on the file of the SubCourt, Pollachi and preliminary decree was passed in that suit, the second respondent had deposited the compensation amount before the Principal District Court, Coimbatore as per Section 3H(4) of the National Highways Act, 1956.

5. The learned counsel for the petitioner submitted that till date, the Principal District Court has not numbered the petition and as a 5/8

result, the petitioner is not in a position to agitate the dispute before the Court.

6. In the light of the stand taken by the first respondent and after considering the submissions made on either side that the amount has already been deposited before the Principal District Judge, Coimbatore, it is left open to the petitioner to approach the Principal District Judge, Coimbatore and seek for necessary remedy. On such a plea made by the petitioner, learned Principal District Judge, Coimbatore shall decide the same on its own merits and in accordance with law. This Writ Petition is disposed of in the above terms. There shall be no order as to costs.

09.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk 6/8

To

1. The Project Director National Highway Authority of India, Project Implementation Unit, Plot No. 1, Indira Nagar, sennamanaickenpatti(PO), Thadikombu Road, Dindigul - 624 001.

2.The Special District Revenue officer (Land Acquisition), National Highways No. 209, No. 567, Apj , Abdul Kalam Street, Sennamanaickenpatti Post, Dindigul - 624004.

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N.ANAND VENKATESH, J mk 09.04.2025 8/8