Mr.K.Prabhu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Mr.K.Prabhu S/o.K.M.Krishnaswamy, President, Shri Mahamariamman Thirupani Matrum Vazhipattu Sangam, 42/36, 37 sathy Main Road, Karattadipalayam Pudhur Gobichettipalayam 638453, Erode District.
Petitioner(s) Vs
1. The District Collector Office of the District Collector, Erode District.
2.The Special District Revenue Officer / Land Acquisition Officer, Tamil Nadu Road Development Scheme - II Gangai Street, Highways Nagar, Salem 636005.
3.The Special Tahsildar, land Acquisition 418, 4th Floor, Office of the District collector, Palladam Salai, Tirupur 641604.
4.Sri Mahamariamman Thirukovil Arakattalai, 18/246, Sathy Main Road, Karattadipalayam, Gobi Taluk -638453, Erode District.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioners representation dated 04/09/2020 to provide compensation to the
petitioner for the acquisition of the temple building situated at Shri Mahamariamman Temple, Karattadipalayam, Lakkampatti panchayat Union For Petitioner(s):
Mr.Nandhakumar, for M/s.Easwar Kumar and Rao For Respondent(s):
Ms.S.Indhu Bala, AGP for R1 to 3 Mr.V.S.Usharani, for R4
ORDER
This writ petition has been filed to direct the respondents 1 to 3 to consider the petitioner's representation dated 04.09.2020 and provide compensation to the petitioner for the acquisition of the temple building situated at Shri Mahamariamman Temple, Karattadipalayam, Lakkampatti panchayat Union.
2. The learned counsel for the petitioner would submit that in this case, the petitioner, being the absolute owner of the acquired property, is entitled for compensation. In this regard, a representation was also filed before the respondent. However, the same was not at all considered by the respondents till date. Hence, this petition.
3. On the other hand, the learned counsel for the 4th respondent would submit that 4th respondent is the owner of the subject property and accordingly, all the proceedings, pertaining to acquisition, were duly communicated to the 4th respondent. After acquisition, the compensation was also credited to the bank
account of the 4th respondent. In such case, he would contend that nothing survives in this petition and hence, prays for dismissal of this petition.
4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.
5. In the case on hand, it is clear that there is a title dispute over the subject property between the petitioner and the 4th respondent. In such case, unless and otherwise, the said dispute with regard to title is decided, no compensation can be granted to the petitioner. In such case, the only right course available to the petitioner is to establish his right before any appropriate Civil Court.
6. In view of the above, this Court is inclined to dismiss this petition. Accordingly, this writ petition is dismissed. The petitioner is granted liberty to work out his remedy in the manner known to law. No cost. 09-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector Office of the District Collector, Erode District.
2.The Special District Revenue Officer / Land Acquisition Officer, Tamil Nadu Road Development Scheme - II Gangai Street, Highways Nagar, Salem 636005.
3.The Special Tahsildar, land Acquisition 418, 4th Floor, Office of the District collector, Palladam Salai, Tirupur 641604.
4.Sri Mahamariamman Thirukovil Arakattalai, 18/246, Sathy Main Road, Karattadipalayam, Gobi Taluk -638453, Erode District.
KRISHNAN RAMASAMY J.
nsa 09-04-2026