Dismissed¶42

R.Ettikkan v. the Special Tahsildar (Land acquisition)

Madras HC3 Mar 2025WA/2708/2024

Case brief

AI extract

What is this about?

Madras High Court, WA No. 2708 of 2024, decided 03-03-2025 by S.M. Subramaniam and K. Rajasekar JJ. Writ Appeal challenging dismissal of W.P.No.36286 of 2023 seeking NHAI/Namakkal land acquisition compensation with 15% statutory interest (proviso to Section 34, Land Acquisition Act 1894) and compounding interest for delayed payment. Held: writ not maintainable under Article 226 where decree in A.S.No.527 of 2015 is enforceable, execution petition determined quantum, and C.R.P.No.4774 of 2023 (15.03.2024) reached finality; appellant to pursue civil remedies. Appeal dismissed; no costs.

What did the court decide?

This Court concurs with the view taken by the Writ Court that the Writ Petition is not maintainable, in view of the judgment and decree passed in the Appeal Suit and the order passed in the Civil Revision Petition. ¶39

R.Ettikkan Vs the Special Tahsildar (Land acquisition) — Land Acquisition | Madras HC (2025)

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WA No. 2708 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WA No. 2708 of 2024

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R.Ettikkan S/o.Ramasamy, No.1/136-2, Vagurampatti, Vasanthapuram (PO), Namakkal Taluk and District.

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Appellant(s)

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THE SPECIAL TAHSILDAR (Land acquisition) By-Pass Road, Namakkal

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2.The Divisional Engineer National Highway, Salem

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3.The Project Director National Highway authority of India, Salem.

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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WA No. 2708 of 2024

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PRAYER

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To set aside the impugned order of this Court dated 05.07.2024 passed in W.P.No. 36286 of 2023.

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For Appellant(s): N.Subramaniyan

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For Respondent(s): Mr.A.Selvendran For R1&2 Special Government Pleader Mr.S.Srinivasan (NHAI) For R3

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JUDGMENT

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(Order of the Court was made by S.M.Subramaniam J.)

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Under assail is the order dated 05.07.2024 passed in W.P.No.36286 of 2023.

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The Writ petitioner is the appellant before this Court. The Writ of Mandamus has been instituted by the appellant seeking a direction to the respondents to pay compensation to the petitioner as directed by this Court by its judgement dated 22.03.2018 made in A.S.No.527 of 2015 with all other statutory benefits including statutory interest at the rate of 15% per annum, as mandated under proviso to Section 34 of the Land Acquisition Act, 1894 on simple interest basis for the first five years or appropriate period as may be fixed by this Court, and thereafter, to pay the compensation with compounding interest at half-yearly rests till date of payment.

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Admittedly, the Appeal Suit in A.S. Nos.513 to 527 of 2015 and https://www.mhc.tn.gov.in/judis 537 of 2015 had been decided, and judgment was delivered by this Court on

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WA No. 2708 of 2024

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22.03.2018. The award was modified, and the Appeal Suit was partly allowed as under,

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“26. Accordingly, we modify the award by

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fixing the land value at the rate of Rs.67/- per sq. ft.

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In the result, (i) The appeals are partly

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allowed. No costs. (ii) The market value of land is redetermined at Rs.67/- per sq.ft. (iii) The appellant is

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directed to pay the compensation, less the amount already paid to the claimants, within a period of two months from the date of receipt of a copy this judgment. (iv) The learned Special Government Pleader is entitled to separate fee for the appeals.

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The first appeals and the writ petitions are

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disposed of as indicated above. Consequently, the connected Miscellaneous Petitions are closed.”

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Learned Single Judge in the impugned Writ Order has stated that the issue of payment of compensation and interest payable thereon has already reached finality in view of the dismissal of revision petition in C.R.P.No.4774 of 2023 by the order of this Court dated 15.03.2024. Thus, it is the duty of respondents to pay the amount of compensation determined by the executing Court in execution of the decree dated 22.03.2018 made in A.S.No.527 of 2015. However, on account of delay in payment of compensation, there cannot be a https://www.mhc.tn.gov.in/judis

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WA No. 2708 of 2024

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separate Writ Petition seeking a direction to the respondents to pay the compensation with compound interest thereon. In the event the compensation amount, as directed by the executing Court is not paid, the petitioner is not remediless, and for the delayed payment the petitioner is entitled to interest until the entire amount of compensation is paid, as per the judgement and decree of this Civil Court. Thus, the direction for payment of compounding interest is not maintainable and the Writ Petition was dismissed.

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The Writ Court has not entertained the Writ Petition mainly on the ground that a judgment and decree had already been passed in Appeal Suit. The said decree is enforceable in the eye of law. The Appellant had filed an execution petition, wherein the quantum had been determined. Thereafter, CRP.No.4774 of 2023 has been filed, which was also disposed of by this Court on 15.03.2024. Therefore, the Writ Court held that if any grievance exists, the appellant ought to have preferred further appeal before the Apex Court. Contrarily, a Writ Petition under Article 226 of the Constitution of India is not maintanable.

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This Court concurs with the view taken by the Writ Court regarding the maintainability of the Writ Petition, in view of the judgment and decree passed in the Appeal Suit and the order passed in the Civil Revision Petition. Thus, the appellant is at liberty to workout his remedy in the manner known to

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law. https://www.mhc.tn.gov.in/judis

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WA No. 2708 of 2024

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