Collah Singannah Chettys Charities Vs the Collector — Writ and Judicial Review | Madras HC (2025)

Collah Singannah Chettys Charities Vs the Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief adjudicated: the Writ Petition was closed as no adjudication was required, with no costs; deposit of the compensation in the name of the petitioner-Trust was recognised as permissible subject to the two conditions in the Joint Commissioner's communication dated 31.01.2025, and the petitioner was left free to seek enhanced compensation before the concerned authority.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 3 to refer the award dated 03.10.2020 passed by the 3rd respondent to the first respondent for determination of enhanced compensation for the petitioner-trust's lands acquired for the National Highways expansion. +1 more

Court's answer

On the petitioner's grievance regarding enhancement of compensation, it is up to the petitioner to approach the concerned authority and work out its remedy in the manner known to law; no mandamus directing reference of the award was issued.

Ratio / Principle

In view of the Joint Commissioner, H.R.&C.E. communication dated 31.01.2025 permitting deposit of the compensation in the petitioner's name, the Court held there would be no difficulty for respondents 1 to 3 to deposit the compensation amount in the name of the petitioner-Trust, provided the Trust fulfils the twin conditions of furnishing to the Joint Commissioner the details of the compensation and the particulars of its investment with the bank.

Detailed headnote1 paragraphs

Madras High Court (Krishnan Ramasamy, J.) — Writ petition under Article 226 by the hereditary trustee of Collah Singannah Chetty's Charities (a private trust established in 1816) seeking a mandamus to respondents 1 to 3 to refer the land-acquisition award dated 03.10.2020 (passed by the Special Tahsildhar (LA) under the Tamil Nadu Highways Act, 2001 for the Chennai-Kanyakumari Industrial Corridor expansion of State Highway No.5801, Kancheepuram-Arokkonam-Thirutani Road) to the first respondent for determination of enhanced compensation, compensation having been fixed without notice or hearing; and objecting to H.R.&C.E. directions requiring a joint account/conditions for receipt of the compensation. Noting the Joint Commissioner, H.R.&C.E. communication dated 31.01.2025 permitting deposit of the compensation in the petitioner-trust's name subject to two conditions (furnishing details of the compensation and of its bank investment to the Joint Commissioner), the Court held there would be no difficulty in respondents 1 to 3 depositing the compensation in the trust's name provided those conditions were fulfilled; on enhancement, the petitioner was left to approach the concerned authority in the manner known to law. Writ petition closed as no adjudication required; no costs. (Fourth respondent H.R.&C.E. Department had been suo motu impleaded by order dated 27.10.2025.)

W.P.No.34033 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.11.2025

Coram

The Honourable Mr.Justice Krishnan Ramasamy

W.P.No.34033 of 2025

COLLAH SINGANNAH CHETTY’S CHARITIES REP. BY ITS HEREDITARY TRUSTEE C.ARUNKUMAR 38/1(OLD NO.118) WEST RAJA STREET KANCHEEPURAM-631 502.

..Petitioner

Vs

1 THE COLLECTOR

KANCHEEPURAM DISTRICT

KANCHEEPURAM-631 501.

2 THE DISTRICT REVENUE OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.

3 THE SPECIAL TAHSILDHAR (LA)

LAND ACQUISITION OFFICE NATIONAL HIGHWAYS REVENUE DIVISIONAL OFFICE CAMPUS

CHENNAI- KANYAKUMARI INDUSTRIAL CORRIDOR TEAM ARAKKONAM 603 306.

4 THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT

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KANCHEEPURAM. (R4 SUO MOTU IMPLEADED VIDE ORDER DATED 27.10.2025 made in this WPBY KRJ)

...Respondents

Prayer :-

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to refer the award No.5/2020-2021 (Na.Ka.No.R/4/122/2019 dated 03.10.2020 passed by the 3rd respondent in respect of the properties belonging to the petitioner trust and acquired in District-Kancheepuram Taluk-Kancheepuram Village, Chitherimedu, before Acquisition 1. Old Survey No.5B extent (hectare)-1.16.00 After acquisition new survey No.5B2, extent (sq.meters) 482, 2. Old Survey No.6, extent (hectare)1.69.50, After acquisition, new survey No.6/2 extent (sq.meters) 2404, 3.Old Survey No.7/2, extent (hectare) 0.68.50 After acquisition new survey No.7/2B extent (sq.meters) 1036, 4.Old Survey No.9/1 extent (hectare) 1.26.00 after acquisition, New S.No.9/1b, extent (sq.meters) 2119, total 6041, in Chitherimedu Village, Kancheepuram for the purpose of expansion

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W.P.No.34033 of 2025 and development of National Highways for the Chennai-Kanyakumari Industrial Corridor Scheme on State Highway No.5801, Kancheepuram -Arokkonam – Thirutani Road Expansion in Kancheepuram District to the first respondent for determining the enhanced compensation amount.

For Petitioner : Mr.Ravi, Senior Counsel for Mr.D.Baskar For Respondents 1 to 3 : Mr.P.Sathish Additional Government Pleader For Respondent-4 : Mr.K.Karthikeyan Government Advocate (H.R.& C.E.)

Order

This Writ Petition is filed seeking for the following relief:-

I) For issuance of a mandamus to the respondents 1 to 3 herein to refer the award dated 03.10.2020 passed by the 3rd respondent in respect of the properties belonging to the petitioner trust and acquired in DistrictKancheepuram Taluk-Kancheepuram Village, Chitherimedu,for the purpose of expansion and development of National Highways for the ChennaiKanyakumari Industrial Corridor Scheme on State Highway No.5801, Kancheepuram -Arokkonam – Thirutani Road Expansion in Kancheepuram District to the first respondent for determining the enhanced compensation amount.

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2. The learned counsel appearing for the petitioner would submit that

the petitioner is a private Trust, established in the year 1816 and is involved in several charitable activities; that the petitioner’s properties, (morefully described in prayer portion of this order) were acquired by the respondent/Land Acquisition Officer, under the Tamil Nadu Highways Act,

2001, and an award was passed on 03.10.2020; that since the compensation

is determined without hearing the petitioner’s objection or issuing notice to the petitioner, the petitioner made a representation to the respondents 1 to 3

for enhanced compensation; however, under these, circumstances, the third respondent, Land Acquisition Officer, vide communication dated 29.07.2025 has called upon the petitioner for an enquiry, hence, the petitioner has filed

the present Writ Petition seeking for the aforesaid relief.

2.1 The learned counsel for the petitioner would further submit that

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W.P.No.34033 of 2025 the grievance expressed by the petitioner-Trust is that ,since the

compensation has been determined without hearing the petitioner’s objection or issuing notice to the petitioner, the petitioner made representations to the respondents 1 to 3 for enhanced compensation; that in the interregnum, any compensation is received in respect of the properties, which were acquired from the petitioner by the respondents 1 to 3, the same has to be deposited only in the name of the petitioner-Trust, however, the Joint Commissioner vide communication dated 21.12.2023 has directed the Assistant Commissioner to open a Joint account with the petitioner for the purpose of receiving compensation from the Highways Department, and subsequently, vide communication dated 30.01.2025, the Joint Commissioner has directed the third respondent to transfer the compensation only on compliance of condition by the petitioner, which is against the interest of the petitionerTrust.

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3. When the matter is taken up for hearing today, the learned

Additional Government Pleader for the respondents 1 to 3 would submit

that, irrespective of the communication sent by the Joint Commissioner, H.R.& C.E. dated 21.12.2023 instructing the Assistant Commissioner to

open a joint account with the petitioner for the purpose of receiving the compensation from the Highways Department and another communication dated 30.01.2025 requiring the third respondent to transfer the compensation

on the petitioner’s complying with the said condition, however, subsequently, the Joint Commissioner vide communication dated 31.01.2025

has permitted the deposit of compensation in the name of the petitionerTrust, for which, the petitioner has no objection, however, such permission was accorded based on two conditions that, i) once the compensation is deposited into the petitioner’s account, the petitioner has to provide the details of such compensation to the Joint Commissioner H.R.& C.E. Secondly, the particulars with regard to the investment of the compensation

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W.P.No.34033 of 2025 amount made by the petitioner with the bank are supposed to be provided by

the petitioner-Trust to the Joint Commissioner, H.R.&C.E..

4. The learned Government Advocate for fourth respondent would

submit that subject to the said conditions, as sought for by the Joint Commissioner of H.R.& C.E. vide communication dated 31.01.2025,

appropriate orders may be passed by this Court.

5. Heard the learned counsel for the parties concerned and perused

the materials placed on record.

6. In the light of the communication issued by the Joint

Commissioner, H.R.& C.E., dated 31.01.2025, whereby, the third respondent

has been permitted to deposit the compensation in the name of the petitioner,

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W.P.No.34033 of 2025 however, subject to the twin conditions, one requiring the petitioner to

furnish the details of compensation to the Joint Commissioner, H.R.& C.E. and second one, requiring the petitioner to furnish the details of investment of such compensation with the bank particulars, viz., Collah Singanna Chetty’s Charities, State of Bank of India, Kancheepuram, having Account No.00000010943790423, bearing IFSC: SBIN0000853), this Court is of the view that there won’t be any difficulties for respondents 1 to 3 to deposit the compensation amount in the name of the petitioner-Trust, provided, petitioner-Trust fulfilling the aforesaid two conditions, without fail. Insofar

as the grievance of the petitioner is concerned, i.e. with regard to the enhancement of the compensation, it is upto the petitioner to approach concerned Authority to work out his remedy, in the manner known to law, if

he so desires.

7. The Writ Petition is closed, as no adjudication is required. No

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W.P.No.34033 of 2025

costs.

13.112025

sd

Index : yes/no Neutral Citation : yes/no To

1 THE COLLECTOR

KANCHEEPURAM DISTRICT

KANCHEEPURAM-631 501.

2 THE DISTRICT REVENUE OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.

3 THE SPECIAL TAHSILDHAR (LA) LAND ACQUISITION OFFICE NATIONAL HIGHWAYS REVENUE DIVISIONAL OFFICE CAMPUS

CHENNAI- KANYAKUMARI INDUSTRIAL CORRIDOR TEAM ARAKKONAM 603 306.

4 THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT

KANCHEEPURAM.

Krishnan Ramasamy,J.,

sd

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W.P.No.34033 of 2025

13.11.2025

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