R.Selvaraj v. The Special District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD)No.11509 of 2025 R.Selvaraj ... Petitioner Vs.

1.The Special District Revenue Officer, Land Acquisition for SIPCOT, SIPCOT, Thoothukudi.

2.The Special Tashildar, Land Acquisition, Allikulam Oil Refinery Factory Project SIPCOT, Thoothukudi.

3.R.Sivagnanasundari ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to defer the further proceedings in respect of the compensation for the lands acquired in land in Survey No.242, measuring 4.70.80 hectares and Survey No.230/3 to the extent of 1.76 Acre, perurani Village,

Thoothukudi District, till the disposal of the final decree application in I.A.No.471/2010 in O.S.No.151/2001 on the file of the learned Sub Judge, Thoothukudi, based on my representation given before the first respondent dated 12.05.2025.

For Petitioner : Mr.T.A.Ebenezer For R1 & R2 : Mr.M.Gangatharan Government Advocate

ORDER

The petitioner herein seeks a direction to the first respondent to defer the further proceedings for payment of compensation amount for the lands acquired in Survey No.242, measuring 4.70.80 hectares and Survey No.230/3 to the extent of 1.76 Acre, Perurani Village, Thoothukudi District, till disposal of the final decree application in I.A.No.471 of 2010 in O.S.No.151 of 2001, on the file of the learned Sub Judge, Thoothukudi, by considering his representation dated 12.05.2025. 2.Heard the arguments of Mr.T.A.Ebenezer, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Additional Government Pleader appearing for the respondents 1 and 2. By consent

of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, his sister filed a suit in O.S.No.151 of 2001 for partition and obtained a preliminary decree. Subsequently, a final decree has been filed in IA No.769 of 2013 and the same is pending on the file of the Sub Court, Thoothukudi. In the meantime, a portion of the subject property was acquired by the first respondent for SIPCOT projects and if the compensation amount is paid to any one of the co-owners pending disposal of the suit, the right of the other sharers will be affected. Therefore, the petitioner submitted a representation before the first respondent on 12.05.2025, requesting not to disburse the compensation amount till the disposal of the final decree and the same has not been considered. Hence, the petitioner has come before this Court.

4.The learned Government Advocate appearing for the respondents 1 and 2, on instructions, would submit that total compensation payable to the portion of the property acquired is Rs.13,66,154/- and the said

amount will be deposited before the learned Principal District Judge, Thoothukudi, in view of the dispute with regard to the person entitled to claim the compensation.

5.The said submission made by the learned Government Advocate is recorded. Accordingly, this Writ Petition stands disposed of. No costs. 05.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Special District Revenue Officer, Land Acquisition for SIPCOT, SIPCOT, Thoothukudi.

2.The Special Tashildar, Land Acquisition, Allikulam Oil Refinery Factory Project SIPCOT, Thoothukudi.

S.SOUNTHAR ,J cp W.P.(MD)No.15298 of 2025 Dated: 05.06.2025