Madras High Court
V.Muthusamy vs The Special District Revenue Officer on 23 April, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(NPD)(MD).No.1234 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(NPD)(MD)No.1234 of 2025
and
C.M.P(MD) No.6537 of 2025
V.Muthusamy ... Petitioner/5th Claimant
Vs.
1. The Special District Revenue Officer,
National Highways (Land Acquisition)
Tiruchirappalli. ... 1st Respondent/
Land Acquisition Officer
2. Arulmigu Agatheeswarar Kovil,
Manapparai,
Represented by its Executive Officer,
Arulmigu Nallandavar Kovil,
Manapparai Town,
Tiruchirappalli.
3. Arulmigu Nallaandavar Kovil,
Nallandavar Devasthanam,
Kannudayanpatti Village,
Manapparai Town,
Represented by its Executive Officer,
Manapparai Taluk,
Tiruchirappalli District.
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C.R..P.(NPD)(MD).No.1234 of 2025
4. Arulmigu Meenakshi Sundareswarar Temple,
Kumaravadi Village,
Manapparai Taluk,
Tiruchirappalli District,
Represented by its Executive Officer,
Nallandavar Devasthanam,
Manapparai Town,
Tiruchirappalli District.
5. V.M.S.Bose ... Respondents 2 to 5/
Claimants 1 to 4
PRAYER: Civil Revision Petition filed under Section 115 of C.P.C., to set
aside the fair and final order passed in L.A.O.P.No.39 of 2021, dated
27.01.2025, on the file of the Sub Court, Manapparai and thereby permit the
petitioner to withdraw award amount deposited by the first respondent in so
far as the lands in Old S.F.No.606/7B2, New T.S.No.21/19 measuring 566
Sq.Mt (14 cents), Old S.F.No.606/8 New T.S.No.21/20 measuring 897 Sq.Mt
(24 cents) and Old S.F.No. 606/9C2, New T.S.No.21/21 measuring 555 Sq.Mt
(14 cents) acquired by the first respondent for widening of National High
Ways 45 under the National Highways Act, 1956.
For Petitioner : Mr.K.K.Senthil
For R1 : Mr.S.P.Maharajan
Special Government Pleader
For R2 to R4 : Mr.G.Madhavan
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C.R..P.(NPD)(MD).No.1234 of 2025
ORDER
The fifth claimant in L.A.O.P.No.39 of 2021, on the file of the Sub Court, Manapparai, has filed the present Civil Revision Petition challenging the order passed by the Court, dated 27.01.2025, wherein, the trial Court has directed the disbursement of compensation amount to the respondents 2 and 3 therein and rejected the request of the fifth claimant.
2. According to the learned counsel appearing for the revision petitioner, the plaintiffs have filed O.S.No.229 of 2022 before the Sub Court, Manapparai, claiming title over the acquired and un-acquired properties. The said suit was dismissed on 27.01.2025. Challenging the same, the present civil revision petitioner, who was the plaintiff therein, had filed A.S.No.67 of 2025 before the III Additional District Court, Tiruchirappalli and the same is pending. In the said suit, Arulmigu Nallaandavar Temple and Arulmigu Meenakshi Sundareswarar Temple are also parties. In such circumstances, if the compensation amount is disbursed, then it would cause prejudice. Hence, the present Civil Revision Petition has been filed not to disburse the amount to the concerned temples.
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3. Considering the above said facts, this Court is inclined to pass the following orders:
a) The III Additional District Court, Tiruchirappali is directed to dispose of A.S.No.67 of 2025 on or before 30.11.2025;and
b) Till the disposal of A.S.No.67 of 2025, a sum of Rs.49,84,973.40/- shall be retained by the Land Acquisition Tribunal and the balance amount may be released to the Arulmighu Nallaandaver Temple and Arulmigu Meenakshi Sundareswarar Temple, respectively.
4. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.
23.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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C.R..P.(NPD)(MD).No.1234 of 2025
To
1. The Sub Court,
Manapparai.
2. The III Additional District Court, Tiruchirappali.
3. The Special District Revenue Officer, National Highways (Land Acquisition) Tiruchirappalli.
4. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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