← Library
Madras High CourtCRP/3254/2026allowed

C.Kumaran v. The Principal District Judge,

2026-06-12Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3254 of 2026

1. C.Kumaran S/o. Chinnappan D.No. B-55 Bazaar Street Kallavi, Uthangarai, Krishnagiri Dist 635304 Rep by Power of Attorney C.Rajeswari, W/o. Chinnappan D.No.

B-55 Bazaar Street Kallavi, Uthangarai, Krishnagiri Dist 635304 Now at Plot Number 129 Vaibhav Nagar 3rd Main Road, Katpadi Taluk Opposite to VIT 3rd Gate, Brahmapuram Vellore Dt.632014 Petitioner(s) Vs

1. The Principal District Judge, Salem District, Salem 2.The Land Acquisition Officer and District Revenue Officer Salem Respondent(s) CRP No. 3254 of 2026 PRAYER To set aside the order dt. 06.02.2026 passed in Unnumbered IA SR No. 18892 / 2025 in LAOP No. 29 of 2018 on the file of Ld. Principal District Judge, Salem / 1st respondent and consequently direct the 1st respondent to number the said petition...

For Petitioner(s):

MR.N.Subramaniyan For Respondent(s):

Ms.S.Yogalakshmi Agp For R2

ORDER

CRP No. 3254 of 2026 has been filed seeking to set aside the order dated 06.02.2026 passed in Unnumbered IA SR No. 18892 / 2025 in LAOP No. 29 of 2018 on the file of Principal District Judge, Salem / 1st respondent and consequently direct the 1st respondent to number the said petition.

2. The learned counsel for the petitioner submits that the respondent herein acquired land for constructing Railway Over Bridge at Maravaneri Village, passed an interim award on 30.09.2019, and awarded a sum of Rs.1,54,35,313/- as compensation in Award No. 4 of 2017 for the acquired land. The respondent referred the matter to the Principal District Judge, Salem, under Sections 22(3) and 23 of the Tamil Nadu Highways Act, 2001 (Act 34 of 2002) for entitlement and allotment of compensation, wherein the petitioner was arrayed as the 2nd claimant as per order passed in I.A No. 2 of 2023 dated 03.02.2023, and the same was registered as LAOP No. 28 of 2018 on the file of the Principal District Judge, Salem.

In the said LAOP, 1st claimant filed a memo stating that he and his wife sold the acquired land to the 2nd claimant/petitioner herein vide sale deed dated 06.09.2001. Hence they have no objection to granting the compensation awarded in the subject matter to the 2nd claimant/petitioner herein. Upon hearing both sides, the reference Court held that the petitioner herein/2nd claimant is entitled to receive the compensation for the acquired lands deposited by the respondent with accrued interest.

Thereafter, the petitioner represented by the power of attorney namely C. Rajeswari and the power agent has filed I.A. No... /2026 in LAOP No. 29 of 2018 seeking to issue a cheque or account transfer the amount in favour of the petitioner for a sum of Rs.2,35,34,187/-. However, without considering the above fact, the Trial Court returned the application stating that claimant 1 to be added as necessary party to the petition. Hence, the petitioner filed this Civil Revision Petition.

3. Admittedly, the 1st claimant and his wife sold the property to the 2nd claimant and they have no objection to granting the compensation awarded in the subject matter to the 2nd claimant. Even in the award passed by the reference Court, it was held that the petitioner herein/2nd claimant is entitled to receive the entire compensation amount with accrued interest. No necessity arose to add other claimant in that application; in spite of that, the court returned the application stating that 1st claimant to be added as necessary parties to application. Since the petitioner purchased the acquired land, he became the absolute owner, and the legal heirs of the original owner have no objection to allowing the petition and granting compensation to the petitioner.

Therefore, it is not necessary to add the legal heirs of the 1st claimant/claimants 3 to 5 as parties in the application. Therefore, the Principal District Judge, Salem is directed to take I.A. No... /2026 in LAOP No. 29 of 2018 on file and number the same within a period of one week, and pass orders within a period of two weeks thereafter. The Registry is directed to return the original records to the party.

4. Accordingly, this Civil Revision Petition is allowed. No Costs. 12-06-2026 pbl To

1. The Principal District Judge, Salem.

2.The Section Officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRP NO. 3254 OF 2026 12-06-2026