The Hon'ble High Court dismissed a writ appeal filed against an order refusing to refer a land acquisition compensation dispute to the Civil Court. The Court held that the ownership of the land is disputed and should be decided by the Sub Court, while noting the appellant's ten-year delay.
The writ appeal is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 07.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.A.No.2447 of 2019
Gururaj
represented by his Power of Attorney
Vanniyaraj
... Appellant
versus
1.The District Collector,Thiruvallur District.2.The Special Thasildar (LA),Ponneri Taluk, Thiruvallur District.3.Vanniyaraj4.Devikani... Respondents
(R3 and R4 suo motu impleaded as party respondents
vide Court order dated 23.10.2019 made in W.A.
No.2447/2019 (NKKJ & PVJ))
Prayer: Appeal filed under Clause 15 of the Letters Patent
against the order dated 06.02.2019 passed by the learned Single
Judge in W.P. No.3431 of 2019.
WP.No.3431/2019: This Writ Petition is filed under Article 226 of
the Constitution of India to issue a writ of Mandamus, Directing
to the respondents to refer the petition of the petitioner dated
12.12.2018 to the Civil Court Under Section 18 of Land
Acquisition Act 1894 for deciding the enhancement of compensation
for the land acquired from the petitioner and pass such for them
order:
For Appellant: Mr.T.Saravanan
For Respondents: Mr.V.Manoharan,
Government Advocate
for R1 and R2
Mr.R.Abdul Mubeen for R3
Mr.R.S.Anandhan for R4
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.)
This writ appeal has been directed against the impugned
order dated 06.02.2019 passed in W.P. No.3431 of 2019.
2.Learned counsel appearing for the appellant submitted
that the property situated at S.No.654/2D, Thiruvottiyur High
Road, Goundarpalayam Village, Ponneri Taluk, Thiruvallur
District to an extent of 0.01.0 hectares was acquired by the
Highways Department for the Panchatty Highway Scheme through the
Special Thasildar (LA), Thiruvallur District, the second
respondent herein. With this background, when the appellant came
to this Court for issuance of writ of mandamus seeking a
direction to the respondents therein to refer the petition dated
12.12.2018 of the appellant to the Civil Court under Section 18
of the Land Acquisition Act, 1894 for deciding enhancement of
compensation for the land acquired from the appellant, the same
was refused by the learned Single Judge on the ground that the
petitioner has not made any objection during award enquiry and
therefore, he is not entitled to any relief. Challenging the
same, the present appeal has been filed. Reiterating the same
stand, the learned counsel appearing for the appellant sought for
interference with the impugned order.
3.Learned counsel appearing for the third respondent, who
is suo motu impleaded by this Court, submitted that the third
respondent is the husband of fourth respondent and he had filed a
suit in O.S. No.57 of 2000 before the Sub Court, Ponneri against
the fourth respondent seeking for a declaration declaring that he
has the right over the suit property. Although an exparte decree
was passed in favour of the third respondent on 21.08.2000, it is
not known as to why the fourth respondent has not filed any
appeal to set aside the exparte order and now the same had become
final. Hence, the learned counsel for the third respondent prays
for dismissal of this appeal.
4.Learned counsel appearing for the fourth respondent,
who is also suo motu impleaded by this Court, by filing a counter
affidavit, submitted that the fourth respondent purchased a
property in Survey No.654/2D measuring an extent of 10 cents in
Gounderpalayam, No.144, Vallur II Village, Meenjur Firka, Ponneri
Taluk by way of a Sale Deed dated 14.07.1993 registered as
Document No.1939 of 1993 before the Sub Registrar Office,
Thiruvotriyur and she has developed the same by constructing
residential house and two shop premises. While so, she received a
show cause notice to take part in the enquiry to be held on
10.08.2007, in which, the appellant herein was also called for
the enquiry. After verification of her documents, the second
respondent found that she is entitled for compensation for the
land acquired. Pending the acquisition proceedings, since the
third respondent herein attempted to interfere with the
possession of the said property, the fourth respondent filed a
suit in O.S. No.197 of 2008 on the file of the District Munsif
Court, Ponneri for permanent injunction against the third
respondent. In the said suit, even after receipt of notice, as
the third respondent failed to appear, he was set exparte and an
exparte decree was passed on 18.09.2008. Against the same, when
the third respondent filed a Civil Revision Petition in C.R.P.
No.462 of 2013 before this Court, by order dated 12.02.2019, this
Court dismissed the same. Subsequently, the appellant alleged to
have submitted a representation, which was represented by his
power agent Vanniyaraj, the third respondent herein requesting
the first respondent to refer the matter to Court for enhancement
of the compensation. Subsequently, when the appellant filed the
above writ petition in W.P. No.3431 of 2019 before this Court
represented by his power agent, the same was dismissed on
06.02.2019 and as against the same, he has filed the present Writ
Appeal. Therefore, the learned counsel prays for dismissal of
this appeal.
5.Heard Mr.T.Saravanan, the learned counsel appearing for
the appellant, Mr.V.Manoharan, learned GovernmentAdvocate
appearing for R1 and R2, Mr.R.Abdul Mubeen, learned counsel
appearing for R3 and Mr.R.S.Anandhan, learned counsel appearing
for R4
6.It is the claim of the appellant that the land in
question was purchased by him under a Sale Deed dated 07.01.2002
and the same was acquired by the Highways Department for the
Panchatty Highway Scheme through the Special Thasildar (LA),
Thiruvallur District, the second respondent herein. Thereafter,
he made a claim in the Award Enquiry and requested to pay the
compensation.
7.A perusal of the Award dated 21.10.2009 passed by the
Land Acquisition Officer and District Collector, Tiruvallur shows
that in the Award Enquiry, Devikani, the fourth respondent herein
had appeared and given her statement, by producing a copy of the
Document No.1939 dated 14.07.1993 for having purchased the above
land and she has not produced any documentary evidence to
substantiate her claim. In the said enquiry, she has stated that
a suit is pending regarding ownership of the land.
8.The above Award further reveals that the appellant
through his counsel has filed a petition stating that the
property was purchased by him from Vanniaraj, husband of
Deivakani as per Document No.47/2002 dated 07.01.2002 and
requested to pay the compensation and the counter claim put forth
by the fourth respondent cannot be entertained. It further
reveals that the dispute regarding ownership of the property
comes under Section 21(2) of the Tamil Nadu Highways Act 2001 and
therefore, the amount of compensation as worked out therein was
ordered to be kept under C.C.D. under Section 22(3) of the Tamil
Nadu Highways Act 2001.
9.It is seen that when the third respondent, husband of
fourth respondent had filed a suit in O.S. No.57 of 2000 before
the Sub Court, Ponneri against the fourth respondent seeking for
a declaration declaring that he has the right over the suit
property, an exparte decree was passed in favour of the third
respondent on 21.08.2000. However, the fourth respondent herein
also filed a suit in O.S. No.197 of 2008 on the file of the
District Munsif Court, Ponneri for permanent injunction against
the third respondent and in the said suit, the third respondent
was set exparte and an exparte decree was passed in favour of the
fourth respondent on 18.09.2008. When the appellant has come to
this Court with the above W.P. No.3431 of 2019, the learned
Single Judge finding that the appellant has not made any
objection during award enquiry and therefore, he is not entitled
to any relief, has dismissed the said writ petition.
10.Since it is a clear case of dispute regarding the
ownership of the property and therefore, in the award enquiry, it
was observed that the amount of compensation as worked out
therein was ordered to be kept under C.C.D. under Section 22(3)
of the Tamil Nadu Highways Act 2001 and the same was ordered to
refer the case to the Sub Court, Ponneri for taking decision, we
are unable to entertain this appeal. Moreover, no one has given
any proper explanation whatsoever for not approaching this Court
for the past ten long years. Therefore, the conclusion reached by
the learned Single Judge that the appellant has not made any
objection during award enquiry and therefore, he is not entitled
to any relief, cannot be found fault with. Accordingly, this writ
appeal stands dismissed. No costs.
Sd/-
Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
vga
To
1.The District Collector, Thiruvallur District. 2.The Special Thasildar (LA), Ponneri Taluk, Thiruvallur District. 3.The Sub Court, Ponneri, 4.The District Munsif, Ponneri, +1cc to M/s.T.Saravanan, Advocate, S.R.No.53252 +1cc to M/s.R.S.Anandan, Advocate, S.R.No.52536 +1cc to the Government Pleader, S.R.No.53141W.A.No.2447 of 2019
AD(CO)
SB(02/11/2021)
3 issues framed by the court
Whether the learned Single Judge was justified in holding the appellant was not entitled to relief for not raising objections during the award enquiry.
Whether the disputed ownership of the acquired land is a matter for the Civil Court under Section 21(2) of the Tamil Nadu Highways Act 2001.
Whether the appeal can be entertained when no proper explanation exists for the inordinate delay of ten years in approaching the court.
3 provisions across 2 enactments
Gururaj
The District Collector, Thiruvallur District
The Special Thasildar (LA), Ponneri Taluk, Thiruvallur District
Vanniyaraj
Devikani
T.RAJA
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court