The appointment of a Fit Person by the HR & CE Department shifted the locus of the petitioner, allowing the Fit Person to handle compensation matters for the temple lands.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the secondd respondent to consider the petitioner''s representation dated 16.08.2021 in respect of the Lands which were acquired under Na.Ka.270/2019 A2 dated 02.07.2021 in respect of the Land situated in Thanjavur District Thiruvidaimaruthur Taluk, Maruthuvakudi-1 village in R.S.Survey No.1) 122/2 - 100 Sq.m, 2) 122/12 - 7 Sq.m, 3).122/9 - 6 Sq.m, 4) 122/8 - 6 Sq.m 5) 122/7 - 6 Sq.m, 6) 430/13 - 8 Sq.m, 7) 430/12 - 5 Sq.m, 8) 430/8 - 12 Sq.m 9) 430/5 - 12 Sq.m 10) 430/4 - 6 Sq.m 11) 430/1 - 6 Sq.m, Total = 174 Sq.m which is acquired for Chennai - Kanyakumari Industrial Corridor Project - Kumbakonam - Sirkali Road Expansion.)

1. The writ petition has been filed in the nature of a Mandamus seeking a direction against the second respondent, Authorised Officer/Special District Revenue Officer, Land Acquisition, Office of Special District Revenue Officer, Chennai – Kanyakumari Industrial Corridor Project, Kumbakonam Taluka, Thanjavur District, to consider the representation given by the petitioner herein, A/m.Sri Mamarathu Mahamariyamman Temple, represented in the writ petition by R.Kamaraj, who has described himself as Managing Trustee and residing at Thiruvidaimaruthur Taluk, Thanjavur District, dated 16.08.2021 relating to the lands of the temple which had been acquired in Na.Ka. No.270/2019/A2 dated 02.07.2021 for the lands at Thiruvidaimaruthur in Maruthakavadi Village in R.S.No.1) 122/2 - 100 Sq.m, 2) 122/12 - 7 Sq.m, 3).122/9 - 6 Sq.m, 4) 122/8 - 6 Sq.m 5) 122/7 - 6 Sq.m, 6) 430/13 - 8 Sq.m, 7) 430/12 - 5 Sq.m, 8) 430/8 - 12 Sq.m 9) 430/5 - 12 Sq.m 10) 430/4 - 6 Sq.m 11) 430/1 - 6 Sq.m, totally 174 square meters which had been acquired for Chennai - Kanyakumari Industrial Corridor Project - Kumbakonam - Sirkali Road Expansion. By the said representation, dated 06.08.2021, the petitioner had sought issuance of notice of the acquisition to the petitioner herein, so that, the petitioner can make a reference for deposit of the amount into the competent Court namely, the Principal District Court, Thanjavur and also to enable the petitioner to challenge the quantum of compensation awarded.

2. The learned counsel for the petitioner stated that the petitioner is the Managing Trustee of the said temple and in order to protect the lands of the temple had also instituted, as many as 9 suits, in the Sub Court at Kumbakonam namely, O.S.Nos.385, 447, 469, 488, 490, 491 of 2021, 116, 120 and 123 of 2022 seeking to protect the lands of the temple.

3. It is stated that the petitioner had also opened a Bank account in the name of the temple and not in his individual name and that bank account had been opened at Corporation Bank, Aaduthurai in Kumbakonam, on 20.04.2015. The petitioner seeks that the compensation amount for the acquisition lands may be deposited in a non transferable deposit scheme in the said account and thereafter, the temple may be permitted only to receive the interest for running of the temple and for the expenses relating to the temple herein.

4. It is claimed by the learned counsel for the petitioner that the bonafide of the petitioner cannot be suspected and that the petitioner is acting only in the interest of the temple and not out of any personal interest. It is stated that notice is pre-requisite and only when notice is issued, can the award be questioned and enhancement be sought before the competent Court / Principal District Court, Thanjavur.

5. In this connection, the learned counsel has placed reliance on Sections 64 and 77 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

6. It is under those circumstances, the writ petition has been filed. It is claimed that if the award amount is accepted, then much loss would accrue to the temple and therefore, to question the quantum of award granted for the acquisition of the lands,