G.Jeyaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.17163 of 2025 G.Jeyaraj Managing Trustee, Madurai Telugu Melakarargal Uravinmurai Dharmasthabanam, 35, Panagal Road, Madurai.
... Petitioner .Vs.
1.The District Collector, Collectorate, Madurai District, Madurai.
2.The Land Acquisition Officer/Special District Revenue officer, Land Acquisition and Management, Madurai.
3.The Special Tahsildar, Land Acquisition, Highways Unit-I, Madurai - 20.
4.The Assistant Divisional Engineer, Tamil Nadu State Highways Department, (Construction and Maintenance), Madurai-2.
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5.S.Santhanakrishnan, 6.B.Vignesh 7.Muthuramu 8.Madurai Telugu Melakarargal Uravinmurai Dharmasthabanam(Reg.No.140 of 2011), represented through its Secretary S.Santhanakrishnan @ Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to consider the Petitioner's representation, dated 31.5.2025 and pass appropriate orders to deposit the compensation amount in the pending suit in I..No.1 of 2024 in unnumbered O.S.No.....0f 2024, on the file of Principal SubCourt,Madurai which would fetch accrued interest for the deposit with the nationalized Bank till the disposal of the suit with respect to the property in T.S.No.1 ad-measuring 0.0114.0 sq mts and T.S.No.1 to an extent of 277 sq mtrs in Block No.1 in Ward No.10 in Thiruvengadapuram in Tallakulam in Madurai, within the time stipulated by this Court.
For Petitioner : Mr.V.Meenskshi Sundaram For Respondents : Mr.S.Shaji Bino 1 to 4 Special Govt.Pleader For Respondents : Mr.PT.S.Narendravasan 5,6 and 8 2/8
For Respondent-7 : Mr.B.Vinothkumar
O R D E R
The Writ Petition is filed seeking a direction to the official respondents to consider the representation of the petitioner, dated 31.5.2025 seeking deposit of the compensation amount in the pending suit in I.A.No.1 of 2024 in unnumbered O.S.NO. Of 2024, on the file of Principal Sub-Court, Madurai.
2.Mr.S.Shaji Bino, learned Special Government Pleader takes notice for the respondents 1 to 4, Mr.PT.S.Narendraasan, learned counsel takes notice for the respondents 5,6 and 8 and Mr.B.Vinoth Kumar, learned counsel takes notice for the seventh respondent. By consent of all the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the petitioner that the property situated in T.S.Nos. 1 and 2, Block No.1 in Ward No.10 in Thiruvengadapuram in Tallakulam, Madurai belongs to the Petitioner Uravinmurai 3/8
Dharmasthabanam. The Petitioner claims himself as the Managing Trustee of the said Trust. Since there is dispute with regard to management of the Trust, a civil suit has been filed under Section 92 of the Civil Procedure Code in unnumbered O.S.No of 2024, on the file of Principal Sub-Court, Madurai and the Petitioner also said to have filed I.A.No.1 of 2024 seeking leave of the Court to file the suit. 4.It is the specific case of the Petitioner that during the pendency of the above suit regarding the management of the Trust, private respondents are attempting to get the land acquisition compensation amount from the official respondents in respect of the property of the Trust which was acquired for expansion of State Highways. Therefore, the Petitioner submitted a representation, dated 31.5.2025 seeking direction to the official respondents to deposit the land acquisition compensation amount before the Principal Sub Court, Madurai. The same has not been considered till date. Hence the Petitioner has filed this Writ Petition for the relief stated supra.
5.The learned counsel for the Petitioner would submit that in view 4/8
of the dispute with regard to the management of the Trust, the amount payable to the Trust shall be deposited to the credit of the pending suit, so that the interest of the parties will be protected. 6.Mr.PT.S.Narendravasan, learned counsel appearing for the respondents 5,6 and 8 would submit that the suit filed by the Petitioner is not even numbered and leave petition is pending. In these circumstances, the Petitioner cannot maintain the instant Writ Petition. 7.Mr.B.Vinoth Kumar, learned counsel for the seventh respondent would submit that the Petitioner is not the Managing Trustee of the Trust and his capacity to maintain the suit as well as the Writ Petition, is disputed by the seventh respondent.
8.As per Section 21(2) of the Tamil Nadu State Highways Act, in case of dispute with regard to the person entitled to receive the compensation amount, the District Collector shall refer the dispute for the decision of the Court. Under Section 22(3), in case of dispute as to the title to receive compensation amount, the Government shall deposit 5/8
the determined amount in the Court. Therefore, a prayer by Petitioner herein to deposit the amount to the credit of suit filed by him cannot be sustained. However, the first respondent shall follow statutory mandate under Section 21(2) r/w 22(3) of the State Highways Act and deposit the amount before the concerned Court.
9.Hence, the first respondent is directed to act as per the statutory mandate under Section 21(2) /w Section 23(3) of the Tamil Nadu State Highways Act. The Petitioners are at liberty to work out their remedy before Court, on whose file the amount is deposited. 10.With the above direction, the Writ Petition stands disposed of. No costs.
25.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 6/8
To 1.The District Collector, Collectorate, Madurai District, Madurai.
2.The Land Acquisition Officer/Special District Revenue officer, Land Acquisition and Management, Madurai.
3.The Special Tahsildar, Land Acquisition, Highways Unit-I, Madurai - 20.
4.The Assistant Divisional Engineer, Tamil Nadu State Highways Department, (Construction and Maintenance), Madurai-2.
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S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.17163 of 2025 25.06.2025 8/8