WP(MD)/24199/2026 of Gnansekaran Vs The District Collector, Madu on 7 October 2026

ORDER

The present Writ Petition has been filed in the nature of a Writ of Mandamus seeking for a direction to the official respondents to give compensation to the petitioner based on the judgment in A.S.Nos.190/2008 and 180/2020 dated 20.06.2023 of this Court in respect of property in D.No. 72, in New T.S.4773/2, in Old T.S.No.4773 to an extent of 68.8 Sq.Mtr. (741 Sq.ft) out of 190 Sq.Mtr.(2046 Sq.ft) respectively situated at Ward-10, Block-31, B.B.Kulam Village, Madurai North Taluk, Madurai District.

2. Heard Mr.V.G.Vallarasu Chezhiyan, learned Counsel for the petitioner, Mr.M.Dinesh Hari Sudarsan, learned Additional Government Pleader for the respondents 1 and 2 and Mr.V.S.Rishikesh, learned Counsel for the third respondent.

3. It is the case of the petitioner that he is the absolute owner of the subject property based on the Will executed by his father. Further, the suit filed by the petitioner’s brother for declaring the said Will as null and void and for partition was dismissed and the same was confirmed by this Court by judgment dated 20.06.2023. Further, the Government has acquired portion of the subject property for the purpose of formation of Highway. However, the respondents __________

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WP(MD) No. 24199 of 2026 authority have not given any compensation for the lands acquired and hence, he sent a representation to the respondent authorities seeking compensation. Since no further action has been taken by the respondent authorities, the petitioner has approached this Court.

4. However, it is the case of the third respondent that he has preferred a Special Leave Petition before the Hon’ble Supreme Court as against the judgment and decree passed in the appeal suits by this Court.

5. It is informed by the learned Additional Government Pleader for the respondents 1 and 2 that the claim of the petitioner for payment of compensation to him had been negatived by the competent authority and the petitioner was informed to approach the reference Court, in which the amount of compensation had been deposited.

6. Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, provides apportionment, when disputes are between the parties in receiving the compensation that has been awarded for the acquisition of the lands. Since the competent authority has already passed orders negativing the claim of the petitioner and also the amount has now been deposited before a competent Court, it is open to the petitioner to approach the reference Court for taking out __________

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WP(MD) No. 24199 of 2026 necessary payment out application in that regard. It is made clear that this Court has not expressed any opinion on the rights of the parties to receive compensation.

8. With the aforesaid observations, this Writ Petition stands disposed of. There shall be no order as to costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order (2/2) Neutral Citation: Yes/No cmr __________

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WP(MD) No. 24199 of 2026 To

1. The District Collector, Madurai District. Madurai

2. The Special District Revenue Officer Land Acquisition Highways, Madurai District, Madurai __________

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WP(MD) No. 24199 of 2026 K.KUMARESH BABU, J. cmr W.P.(MD)No.24199 of 2026 07-10-2026 (2/2) __________

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