Rathnavathi v. The Exeuctive Engineer / Administrative Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Rathnavathi ... Petitioner -vs1.The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, 17-D, C-Colony, Perumalpuram, Tirunelveli - 627 007.

2.The District Collector, Tirunelveli District.

3.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Tirunelveli.

4.The State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation given by the petitioner dated 20.02.2023 and to deposit the compensation amount forthwith.

For Petitioner : Mr.Niranjan S.Kumar

For R1 : Mr.S.Velmurugan Standing Counsel For R2 to R4 : Mr.B.Ramanathan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.02.2023 and to deposit the compensation amount forthwith.

2. Briefly stated, the facts of the case are that the petitioner's two house sites were acquired by the Tamil Nadu Housing Board. Pursuant to the acquisition, an Award was passed on 12.03.1993, fixing the compensation at Rs.500/- per cent, and possession of the lands was taken on 26.03.1993. As a dispute arose regarding the quantum of compensation, a reference was made to the Fast Track Court No.1, Tirunelveli, in L.A.O.P. No.47 of 2002.

3. The Fast Track Court No.1, Tirunelveli, by its order dated 30.04.2003, enhanced the compensation from Rs.500/- per cent to Rs.7,500/- per cent, together with interest at 12% from 24.01.1990 to 12.03.1993, solatium at 30%,

and directed payment of the amount after deducting the sum already paid. For the remaining amount payable, the Court further ordered interest at 9% for the period from 26.03.1993 to 25.03.1994 and thereafter at 15% until the compensation amount was deposited. No appeal was preferred against the said order, and therefore, it has attained finality.

4. The present Writ Petition has been filed aggrieved by the fact that, despite representations made by the petitioner, the enhanced compensation amount has not been deposited before the Court below.

5. The learned Standing Counsel appearing for the first respondent submitted that although the order was passed by the Court below as early as in the year 2003, the petitioner failed to approach the Court below and did not file any Execution Petition seeking deposit of the enhanced compensation amount.

6. The fact remains that the lands were acquired and the compensation payable to the petitioner was duly determined by the Court below. The learned Standing Counsel for the first respondent has not disputed the quantum of

compensation, but submitted that communications were sent to the concerned authorities for depositing the enhanced amount before the Court below. However, the deposit could not be made on account of the pendency of the present Writ Petition before this Court.

7. Inasmuch as the quantum of compensation is not in dispute and the respondents have undertaken to deposit the enhanced compensation amount before the Court below, this Court deems it fit and appropriate to dispose of the Writ Petition by directing the first respondent to deposit the enhanced compensation amount before the Court below within a period of twelve weeks from the date of receipt of a copy of this order, strictly in accordance with the directions issued by the Fast Track Court No.1, Tirunelveli, in L.A.O.P. No.47 of 2002, dated 30.04.2003, including the interest component.

8. This Writ Petition stands disposed of with the above direction. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 20.01.2026 smn2

To 1.The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, 17-D, C-Colony, Perumalpuram, Tirunelveli - 627 007.

2.The District Collector, Tirunelveli District.

3.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Tirunelveli.

4.The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

K.SURENDER , J.

smn2 20.01.2026