Urmila Bhuvanesh v. The Principal District Judge
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Urmila Bhuvanesh 2.Vikranth Neelakantan Kobla S/o.K.L.N.Bhuvanesh Petitioners 1 & 2 represented through their Power agent Poornima Siva Prasad 3.Poornima Siva Prasad ... Petitioners Vs.
1.The Principal District Judge, District Court Campus, Madurai.
2.The Authorized Officer and Special District Revenue Officer, (Land Acquisition), National Highways No.744-A, Madurai Ring Road, Madurai.
3.The Special Thasildhar (Land Acquisition), Madurai East Taluk Phase-I, 10, Electricity Nagar, Surveyor Colony, Madurai-7.
4.The Revenue Divisional Officer, Madurai West, Madurai District.
5.The Thasildhar, Madurai West, Madurai District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 2, 3 to release/disburse the compensation amount of Rs.31,99,802/- in respect of an extent of 380 sq meters out of the total extent of 1 acre 1 cent comprised in S.F.No.128, Kochadai Village, Madurai District deposited in the account of the first respondent within a time frame. For Petitioners : Mr.R.G.Shankar Ganesh For R2 to R5 : Mrs.K.Malathi Additional Government Pleader For R1 : Mr.Mohaboob Athif
ORDER
The petitioners herein seek a direction to the respondents 2 and 3 to release and disburse the compensation amount of Rs.31,99,802/- in respect of the land situated in Survey Field No.128, Kochadai Village,
Madurai District, with an extent of 380 Square Meters, which was acquired by the second respondent from them.
2.Heard the arguments of Mr.R.G.Shankar Ganesh, learned counsel appearing for the petitioners, Mr.Mahaboob Athif, learned counsel appearing for the first respondent and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 2 to 5. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the petitioners that they are the lawful owners of the above said acquired property. The revenue documents originally stood in the names of the petitioners and they have been in possession and enjoyment of the property. It is further submitted that one Jeevanandham forged the revenue documents and on the basis of the application submitted by Jeevanandham, the revenue officials mutated the revenue documents in his favour based on forged documents. Therefore, the petitioners were constrained to file the writ petition in WP(MD) No.4732 of 2023 challenging the order passed by the fourth
respondent granting patta in favour of the said Jeevanandham. The said writ petition came to be allowed in favour of the writ petitioners. In the meantime, when the said writ petition was pending, the second and third respondents deposited the compensation amount in respect of acquired land before the first respondent, on the ground that there was a dispute with regard to the person entitled to receive the compensation. Since the writ petition filed by the petitioners has been allowed, the learned counsel appearing for the petitioners would submit that the second and third respondents shall be directed to disburse the amount to the petitioners.
4.Admittedly, when the deposit was made before the first respondent, the writ petition filed by the petitioners questioning the revenue documents issued in the name of the said Jeevanandham was pending. Subsequently, the writ petition came to be allowed and order passed in favour of the Jeevanandham was set aside and the revenue officials were directed to consider the petitioners' application afresh on merits. In these circumstances, since the amount has already been deposited by the respondents 2 and 3 before the first respondent, a
direction cannot be issued to the respondents 2 and 3 to disburse the amount to the petitioners. It is always open to the petitioners to file an appropriate application before the first respondent and seek withdrawal of the amount by establishing their right over the property. 5.With these observations, this Writ Petition stands dismissed. No costs.
03.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Authorized Officer and Special District Revenue Officer, (Land Acquisition), National Highways No.744-A, Madurai Ring Road, Madurai.
2.The Special Thasildhar (Land Acquisition), Madurai East Taluk Phase-I, 10, Electricity Nagar, Surveyor Colony, Madurai-7.
S.SOUNTHAR ,J cp 3.The Revenue Divisional Officer, Madurai West, Madurai District.
4.The Thasildhar, Madurai West, Madurai District.
W.P.(MD)No.13847 of 2025 Dated: 03.06.2025