Madras High Court
Gowthaman vs The Project Director on 9 April, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.5430 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.5430 of 2023
Gowthaman
S/o. Muthusamy, 4/22, M.V.
Thottam, Thippamatti, Pollachi
Taluk -642107.
Petitioner
Vs
1. The Project Director
National Highway Authority of
India, Project Implementation Unit,
Plot No. 1, Indira Nagar,
sennamanaickenpatti(PO),
Thadikombu Road, Dindigul - 624
001.
2.The Special District Revenue
officer (Land Acquisition),
National Highways No. 209,
No. 567, Apj , Abdul Kalam Street,
Sennamanaickenpatti Post,
Dindigul - 624004.
3.Sarojini,
W/o. Late Arumugam,
Thippampatti, Pollachi Taluk.
4.Rajaveni,
W/o. Velliyangiri, Kinathukkadavu,
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Writ Petition No.5430 of 2023
Pollachi.
5.Ramaraj,
S/o. Thangavel, Kattusalai,
Thippampatti, Pollachi Taluk.
6.Thangamani,
S/o. Chandhiran, Oreagounder
Thottam, Pellampalayam,
Kinathukadavu.
7.Sivakumar,
S/o. Thangavel, Kattusalai,
Thippampatti, Pollachi Taluk.
8.Muthusamy,
S/o. Late Krishnasamygounder,
Thippampatti, Pollachi Taluk.
9.Krishnamurthy,
S/o. Late Kuppusamy,
Thippampatti, Pollachi Taluk.
10.Senthilvel,
S/o. Late Kuppusamy,,
Thippampatti, Pollachi Taluk.
11.Subbulakshmi,
W/o. Late Rangaraj, Thippampatti,
Pollachi Taluk.
12.Sangeetha,
D/o. Late Rangaraj, Thippampatti,
Pollachi Taluk.
13.Sathyapriya,
D/o. Late Rangaraj, Thippampatti,
Pollachi Taluk.
Respondent(s)
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Writ Petition No.5430 of 2023
Prayer:
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus, directing the respondents
1 and 2 to pay compensation for the land acquired for Expansion of
National Highway No.209 (Dindigul to Pollachi) in S.Nos.42/4 and
43/3p3 of Thippampatti Village, Pollachi Taluk, Coimbattore District by
considering the petitioners representation dated 09.12.2022 within a
stipulated time.
For Petitioner : Mr.V.Anandhamurthy
For Respondents : Mr.Su.Srinivasan
Standing Counsel, for R1
R3, R5, R7 - Served - NA
R4 & R6 - Addressee moved
*****
ORDER
This writ petition has been filed for issue of a writ of mandamus directing the first and second respondents to pay compensation for the lands acquired from the petitioner based on the representation made by the petitioner on 09.12.2022.
2. The first respondent has filed a counter affidavit. Relevant portions are extracted hereunder:
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3. Heard Mr.V.Anandhamurthy, learned counsel on record for petitioner and Mr.Su.Srinivasan, learned Standing Counsel for R1.
4. On carefully reading the counter affidavit filed by the first respondent, it is seen that the main award has already been passed by the competent authority and thereafter, an additional award was also passed on 11.02.2020. Thereby, the total compensation has been determined at Rs.87,84,173/-. Since there was a dispute between the parties and a partition suit had been filed in O.S.No.357 of 2012 on the file of the Sub-
Court, Pollachi and preliminary decree was passed in that suit, the second respondent had deposited the compensation amount before the Principal District Court, Coimbatore as per Section 3H(4) of the National Highways Act, 1956.
5. The learned counsel for the petitioner submitted that till date, the Principal District Court has not numbered the petition and as a 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:28 pm ) Writ Petition No.5430 of 2023 result, the petitioner is not in a position to agitate the dispute before the Court.
6. In the light of the stand taken by the first respondent and after considering the submissions made on either side that the amount has already been deposited before the Principal District Judge, Coimbatore, it is left open to the petitioner to approach the Principal District Judge, Coimbatore and seek for necessary remedy. On such a plea made by the petitioner, learned Principal District Judge, Coimbatore shall decide the same on its own merits and in accordance with law.
This Writ Petition is disposed of in the above terms. There shall be no order as to costs.
09.04.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order mk 6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 04:41:28 pm ) Writ Petition No.5430 of 2023 To
1. The Project Director National Highway Authority of India, Project Implementation Unit, Plot No. 1, Indira Nagar, sennamanaickenpatti(PO), Thadikombu Road, Dindigul - 624 001.
2.The Special District Revenue officer (Land Acquisition), National Highways No. 209, No. 567, Apj , Abdul Kalam Street, Sennamanaickenpatti Post, Dindigul - 624004.
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