Thandapani.R v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)No.3340 of 2022 R.Thandapani ... Petitioner Vs

1. The District Collector, Madurai District , Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Melur, Madurai District,

4. The Tahsildar, Madurai.

5. The Executive Engineer (PWD), Periyar Vaigai Canal Sub-Division II, Tallakulam, Madurai 625002.

6. The Divisional Engineer, 1/6

7. The Superintending Engineer,

8. The Village Administrative Officer, Rani Mangammal Salai, Vandiyur, Madurai District 625 020.

9. Bhaskaran

10. Dhanalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to restrain the respondents 1 to 8 from disbursing the entire compensation award for the portion of land acquired in New Survey No. 87/13 ( Old Survey No.235/13 ), situated at Vandiyur Bit- II , Madurai City under Vaigai River Bank Canal Scheme ( i.e., Madurai Smart City ), in favour of respondents 9 and 10 , till the completion of enquiry which is pending before the 3rd respondent vide proceedings in Na.Ka.No.1363/2019/E3 by considering petitioner's representation dated 14.02.2022 within time frame. (Prayer amended vide order of this Court dated 26.06.2025 in W.M.P.(MD)No.4704 of 2022) For Petitioner : Mr.D.Balamurugapandi For Respondents: Mrs.K.Malathi Addl. Govt. Pleader (R1, & R3 to R8) (*)Mr.K.K.Kannan for R2 Mr.J.Barathan for R9 & R10 2/6

O R D E R

This Writ Petition is filed seeking issuance of Writ of Mandamus forbearing the respondents 1 to 8 from disbursing the entire land acquisition compensation amount for the land in New Survey No.87/13 ( Old Survey No.235/13 ), situate at Vandiyur Bit- II , Madurai City in favour of respondents 9 and 10 till the completion of the enquiry pending before the third respondent in his proceeding in Na.Ka.No. 1363/2019/E3, by considering the petitioner's representation dated 14.02.2022.

2. Heard the arguments of Mr.D.Balamurugapandi, learned counsel for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 and 3 to 8, Mr.S.Vinjayak, learned counsel appearing for the 2nd respondent and Mr.J.Barathan, learned counsel appearing for respondents 9 and 10.

3. The petitioner submitted a representation before the third respondent seeking restoration of his name in the patta for the subject property and at the time of filing of the Writ Petition, the said enquiry was pending on the file of third respondent. Therefore, the petitioner sought for the prayer mentioned above. Now, according to learned Additional Government Pleader appearing for the 3rd respondent, the enquiry before the third respondent is over and the petitioner's name has been ordered to be included in the patta for the subject property along with the name of father of respondent No.9 and father-in-law of respondent No.10 3/6

viz., Karupanan Servai and one Periyasamy Servai in Patta No.4211. In view of the same, no further orders are necessary in this Writ Petition.

4. The learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 9 and 10 would submit that official respondents may be directed to disburse their share of the compensation amount. It is for the petitioner and respondents 9 and 10 to file a fresh representation before the official respondents seeking release of their share of the compensation amount. If any such representation is filed, the same shall be considered by the competent authority as expeditiously as possible.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (*)Corrected as per Order of this Court dated 24.07.2025 made in WP(MD)3868/2022 Sd/-(26.06.2025) Assistant Registrar(CS II) // True Copy // / /2025 Sub Assistant Registrars CS (I/II/III/IV) vsm 4/6

To

1. The District Collector, Madurai District , Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Melur, Madurai District,

4. The Tahsildar, Madurai.

5. The Executive Engineer (PWD), Periyar Vaigai Canal Sub-Division II, Tallakulam, Madurai 625002.

6. The Divisional Engineer,

7. The Superintending Engineer,

8. The Village Administrative Officer, Rani Mangammal Salai, Vandiyur, Madurai District 625 020.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-37555[F] dated 26/06/2025 ) +1 CC to M/s.SPL.GP ( SR-37950[F] dated 27/06/2025 ) +1 CC to M/s.J.BARATHAN, Advocate ( SR-38037[F] dated 27/06/2025 ) 5/6

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-38158[F] dated 27/06/2025 ) W.P (MD) No.3868 of 2022 26.06.2025 JJ/01.08.2025 6P/ 13C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6