B.Muthamizhselvan v. The Project Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.09.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY B.Muthamizhselvan ... Petitioner Vs.
1. The Project Director (national Highways 205) The National Highways Authority Of India, Project Implementation Unit, Guindy, Chennai 32
2. The Competent Authroity / The Special District Revenue Officer National Highways Department (nh 205) Periyakuppam, Thiruvallur 602 001
3. The Special Tahsildar National Highways Department (nh 205), Periyakuppam, Thiruvallur 602001 ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondents to disburse the compensation to the petitioner for the buildings measuring to an extent of 2931 square feet together with interest within a stipulated time as this Honble Court fixed and consequently directing the 1/7
respondents to give reasonable time to shift M/s Sree Veeraragava Gas Agency from the existing building premises measuring to an extent of 2931 square feet situated in Surve No 642 /1,2 at Ikkadu Village Thiruvallur Taluk and Distrct to some other place For Petitioner : Ms.R.Hemalatha For Respondent : Mr.Su.Srinivasan, St.counsel for R1 Mr.M.R.Gokul Krishnan, AGP for R2 & R3
ORDER
This writ petition has been filed to direct the respondents to disburse the compensation to the petitioner for the buildings measuring to an extent of 2931 square feet together with interest.
2. The learned counsel for the petitioner would submit that in this case, the subject land belongs to Arulmigu Kanniga Parameshwari Devasthanam. The representatives of the said Temple had executed a lease deed in favour of the petitioner, who is running a gas agency in the subject land. Though the land belongs to Devasthanam, the building was constructed by the petitioner for running his business. Under these circumstances, the subject land was acquired by the respondents for 2/7
National Highway 205. Subsequently, the compensation was fixed for the subject land and the same was also received by the Representatives of Devasthanam. However, no compensation was fixed for the building constructed by the petitioner.
3. Further, he would submit that now the petitioner is seeking for compensation only for the constructed portion and not for the entire land. In this regard, a representation dated 17.11.2022 was filed by the petitioner and he had also obtained No-Objection Certificate from the Devasthanam. Hence, he requests this Court to pass appropriate orders.
4. In reply, the learned Additional Government Pleader appearing for the respondents would submit that there is no dispute on the aspect that the subject land is belonging to Devasthanam and now, the petitioner is asking compensation only for the building, which was constructed therein. Hence, he requests 4 weeks time to consider and dispose of the petitioner's representation dated 17.11.2022. 3/7
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and also perused the materials available on record.
6. In the case on hand, the subject land belongs to Arulmigu Kanniga Parameshwari Devasthanam. The representatives of the said Temple had executed a lease deed in favour of the petitioner, who is running a gas agency in the subject land. Though the land belongs to Devasthanam, the building was constructed by the petitioner for running his business. Under these circumstances, the subject land was acquired by the respondents for National Highway 205. Subsequently, the compensation was fixed for the subject land and the same was also received by the Representatives of Devasthanam. However, no compensation was fixed for the building constructed by the petitioner. In this regard, a representation was also filed by the petitioner on 17.11.2022.
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8. Therefore this Court directs the respondents to dispose of the petitioner's representation and fix compensation for the building constructed by the petitioner, with a period of four weeks from the date of receipt of copy of this order. If the respondents are intend to enquire with the Representatives of Devasthanam on the aspect of No-Objection Certificate provided by them, the same can be done and thereafter, appropriate orders shall be passed.
9. With the above directions, this writ petition is disposed of. No costs.
19.09.2025 Speaking/Non-speaking order Index : Yes / No nsa 5/7
To
1. The Project Director (national Highways 205) The National Highways Authority Of India, Project Implementation Unit, Guindy, Chennai 32
2. The Competent Authroity / The Special District Revenue Officer National Highways Department (nh 205) Periyakuppam, Thiruvallur 602 001
3. The Special Tahsildar National Highways Department (nh 205), Periyakuppam, Thiruvallur 602001 6/7
KRISHNAN RAMASAMY.J., nsa 19.09.2025 7/7