V.M.S.V. Bose v. Special District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and CMP(MD) No.9918 of 2025 VMSV Bose ... Petitioner Vs

1. Special District Revenue Officer, National Highways (Land Acquisition)

2. Arulmigu Agastheeswarar Temple, Rep. by Executive Officer, Manaparai Town,

3. Arulmigu Nallandavar Temple, Rep. by its Executive Officer, Nallandavar Devasthanam, Kannudayaanpatti Village, Manapparai Town, Manapparai Taluk,

4. Arulmigu Meenakshi Sundaraswarar Temple, Rep. by Executie Officer, Nallandavar Devasthanam, Kumaravadi Village, Manapparai Taluk,

5. V.Muthusamy ... Respondents 1/5

PRAYER :-Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the fair and decreetal order dated 27.01.2025 made in LAOP No.39 of 2021 on the file of Subordinate Court, Manapparai. For Petitioner : Mr.K.Prabhakar (*)For R1 : Mr. B. Saravanan Additional Government Pleader.

ORDER

The Civil Revision Petition is filed against the fair and decreetal order dated 27.01.2025 made in LAOP No.39 of 2021 on the file of Subordinate Court, Manapparai.

(*)2. Mr. B. Saravanan, learned Additional Government Pleader takes notice for the first respondent. Since no adverse order is going to be passed as against the respondents 2 to 5, notice to the respondents 2 to 5 is dispensed with.

3. The learned counsel for the petitioner would submit that the petitioner is the 4th claimant in LAOP No.39/2021 and the apportionment of the compensation amount was deposited in the said LAOP and for enhancement of compensation, no appeal was filed. The said petition was allowed in favour of the respondents 1 to 3 2/5

therein and refused to grant compensation on the premise that the respondents filed already OS No.229/2022 on the file of Sub Court, Manapparai claiming title over the property for the acquired land and unacquired land and on the basis of the decree granted by the trial Court OS No.158/2021 on the file of Manapparai claiming title over the acquired land and unacquired land, suit was filed and decreed on 27.01.2025 against which, the petitioner filed AS No.70/2025. Therefore, the learned counsel would submit that the order of the land acquisition Court may be kept in abeyance till the disposal of the first appeal filed by the petitioner and apportionment of compensation can be decided based on the outcome of the order passed therein.

4. I have considered the rival submissions and perused the materials available on record.

5. Considering the above said facts and in view of the said submissions, the Civil Revision Petition is disposed of in the following terms: (i) the III Additional District Court, Trichy is directed to dispose AS No. 70/2025 along with AS No.67/2025 on or before 30.11.2025; (ii) Till the disposal of the Appeal suits, the compensation amount of Rs. 3/5

13,28,860/- shall be retained by the Land Acquisition Tribunal and the balance amount may be released to Arulmigu Nallandavar Temple. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- 26.06.2025 (*)Amended as per order of this Court dated 22/07/2025 made in CRP(MD)No. Sd/- Assistant Registrar ( C.S. II ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) RR/ TA TO 1.III Additional District Judge, Trichy 2.The Subordinate Court, Manapparai.

3. Special District Revenue Officer, National Highways (Land Acquisition),

4. Executive Officer, Arulmigu Agastheeswarar Temple, Manaparai Town, 4/5

5. Executive Officer, Nallandavar Devasthanam, Kannudayaanpatti Village, Manapparai Town, Manapparai Taluk,

6. Executie Officer, Arulmigu Meenakshi Sundaraswarar Temple, Nallandavar Devasthanam, Kumaravadi Village, Manapparai Taluk, 7.The Section Officer, V.R. Section, Madurai Bench of madrasHigh Court, Madurai(2C).

+1 CC to M/s.K.PRABHAKAR, Advocate ( SR-38008[F] dated 27/06/2025 ) +1 CC to M/s.SPL.GP ( SR-38346[F] dated 30/06/2025 ) CRP(MD) (NPD) No.1812 of 2025 Date : 26/06/2025 SB/05.08.2025 5P/11C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5