W.A.No.1056 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.No.1056 of 2021

1.The District Collector,

Office of the District Collector,

Coimbatore-641 018.

2.The Tahsildar,

Sulur Tahsildar Office,

Coimbatore District-641 402.

3.The Executive Officer,

Irugur Town Panchayat,

Irugur, Coimbatore-641 103.

.. Appellants

Vs

A.Ponnusamy

.. Respondent

Prayer: Appeal under Clause 15 of the Letters Patent against the order

dated 03.11.2020 passed by the learned Single Judge in

W.P.No.13934 of 2020.

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W.A.No.1056 of 2021

For the Appellants

: Mr.P.Kumaresan

Addl. Advocate General

assisted by

Dr.S.Suriya

Addl. Government Pleader

For the Respondent

: ^{Mr.Ravi Ananthapadmanabhan}

Senior Counsel

for Mr.G.Prabhakar

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice)

The writ appeal is directed against the order dated 3.11.2020

passed by the learned Single Judge in W.P.No.13934 of 2020,

whereby the writ petition filed by the respondent herein was

allowed.

2. The land of an extent of 11.58 cents comprised in Survey

Nos.317/3 and 320/2 situate at Irugur Village, Coimbatore, which

belonged to the writ petitioner/respondent herein, was taken over

by the third appellant/Executive Officer, Irugur Town Panchayat,

and a thar road was laid without acquiring the land in the manner

known to law. The respondent sent a representation on 5.2.2020 to

the third appellant seeking compensation for the land which was

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W.A.No.1056 of 2021

converted into thar road. The third appellant, vide proceedings

dated 20.2.2020, rejected the request made by the respondent on

the ground that the property is being used as a pathway for a long

period and, therefore, no compensation is payable to the

respondent.

3. Assailing the said proceedings dated 20.2.2020 of the third

appellant, the respondent filed W.P.No.13934 of 2020 claiming that

he is the absolute owner of the property. In support of his claim,

the respondent placed on record before the learned Single Judge

the title documents pertaining to the said property and the revenue

records issued by the revenue authorities. The learned Single

Judge, after going through the documents produced by both the

parties, came to the conclusion that there was no justification on

the part of the third appellant in rejecting the claim made by the

respondent for compensation and, accordingly, while quashing the

proceedings dated 20.2.2020, directed the respondent to make a

detailed representation to the third appellant seeking compensation

and further directed the third respondent to fix the compensation

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W.A.No.1056 of 2021

amount and pay the same to the respondent within a period of 12

weeks. Aggrieved by the said order, the respondents in the writ

petition have filed this appeal.

4. When the writ appeal was taken up for admission, on

14.12.2021, this court recorded the statement of learned Additional

Government Pleader, on instructions, that an amount of

Rs.2,35,710/- is payable to the respondent and the procedure is

being undertaken to make that payment. However, the fact

remains that the appellants have till date not paid any

compensation to the respondent.

5. Mr.P.Kumaresan, learned Additional Advocate General

appearing on behalf of the appellants, would submit that the extent

of land that belongs to the respondent over which thar road has

been laid has to be properly identified and thereafter the quantum

of compensation has to be fixed and paid to the respondent.

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W.A.No.1056 of 2021

6. Mr.Ravi Ananthapadmanabhan, learned Senior