A suit for declaration of title to a property subject to land acquisition proceedings is not maintainable before a Civil Court. The proper remedy is to file an application under Section 22(3) of the Tamil Nadu Highways Act, 2001.

ORDER

The petitioner has filed this petition to set aside the order dated

01.09.2023 in O.S.C.F.R.No.1711 of 2023 on the file of I Additional District and Sessions Judge at Tirupur.

2. Before the trial Court the revision petitioner / plaintiff has filed a suit to declare that he is the absolute owner of the plaint B Schedule property and also to declare the orders of the 1^st defendant proceedings initiated for land acquisition proceedings as null and void in respect of the B-Schedule property and also to grant a Mandatory Injunction against the 4^th defendant as not to disturb the peaceful possession and enjoyment of the plaint A and B Schedule properties till the date of resolving the disputes as observed by this Court in W.P.No.15144 of 2020, pursuant to the direction to refer the matter before the Competent Civil Courts, Tiruppur under Section 22(3) of the Tamil Nadu Highways Act, 2001.

3. In the plaint the District Collector, Land Acquisition Officer, District Revenue Officer and Thasildar and Divisional Engineer, all the Government officials are defendants. According to the plaintiff, he is the owner of the land with an extent of 1088 sq.ft. of land and building. The suit properties was subject to mortgage with HDFC, Tiruppur under Memorandum of Deposit of title deeds dated 29.12.2014. On 02.02.2018, the 2^nd defendant issued notification on 23.02.2017 under Section 19 (2) of Tamil Nadu High Ways Act 2001 and Rules 2003, calling upon to produce the title deeds and related documents on 08.02.2018. Thereafter, the 2^nd defendant furnished the relevant documents, but the 2^nd defendant categorically stated that T.S.No.111 and R.S.No.112 fall under the classification of Noyyal River Puramboke. Thereafter, the plaintiff has filed Writ petition No.15144 of 2020 against the same defendants and also prayed along with other petitions, calling for the entire records pertaining to the proceedings in Award No.1/2020 in Na.Ka.No.8589/2011/VU 1 dated 14.08.2020, in which a common order was passed by this Court on 17.10.2022, which states as follows;

“6. In view of the fair submission made by the learned Additional Government Pleader and as the issue involved in these petitions are with regard to the title over the disputed lands, the same cannot be entertained under Article 226 of the Constitution and no affirmative directions can be issued in favour of the petitioners, hence, this Court, with regard to the disputed lands, issues direction tot he respondents to refer the matter to the competent Civil Court in terms of Section 22(3) of the Tamil Nadu Highways Act, 2001 within a period of six weeks from the date of receipt of a copy of this order and the petitioners are at liberty to canvass all their grievance before the said Court. In so far as the lands to which there is no dispute, the respondents are directed to pay the compensation amount, if not already paid, within a period of six weeks from the date of receipt of a copy of this order.”

4. With regard to the dispute of title between the parties, this Court granted liberty to the petitioner more particularly plaintiff to canvas all the grievances before the appropriate forum by invoking under Section 22 (3) of Tamil Nadu High Ways Act, 2001 which, empowers in respect of adjudicating the title. According to the plaintiff, officials have not conducted any proceedings with regard to title, against which he filed a present suit to declare his title, but the learned trial Judge erroneously failed to take the case on file.

5. The learned counsel for the respondents submitted that as per the direction of this Court, the plaintiff ought to have filed an application by invoking section 22 (3) of the Tamil Nadu Highways Act, 2001, instead of filing the present suit as such is not maintainable and the learned trial Judge rightly rejected the plaint.

6. Considering both sides submissions, admittedly the subject in issue is under dispute of Land Acquisition proceedings as per Section 63 of Tamil Nadu H