2025:MHC:2754 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-11-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE P. DHANABAL WA No. 2062 of 2023

1. S. Muniammal Appellant(s)

Vs

1. The District Collector Villupuram Dist.

2.The Executive Officer Gingee Panchayat Union, Gingee, Villupuram Dist. 3.P.Syed Ameen Respondent(s)

PRAYER To set aside the order 13.04.2023 made in WP.No.747 of 2018.

For Appellant(s): Mr.G.Ethirajulu For Respondent(s): Mr.S.Senthil Murugan Special Government Pleader for R1 Mr.L.S.M.Hasan Fizal for R2 Mr.V.Achuthanandan for R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

The writ order dated 13.04.2023 in W.P.No.747 of 2018 is under challenge in the present Intra-Court appeal.

2. Writ petitioner is the appellant, and claims that she is the assignee of a Government land under Revenue Standing Orders (RSO). Portion of the land assigned has been utilised for public purposes, and overhead water tank and road had been constructed for the benefit of people residing in that village.

3. Admittedly, it is a Government land assigned, and subsequently portion of land has been utilised for public purposes. In such circumstances, RSO speaks about grant of compensation to the assignee. The circumstances under which compensation can be granted to an assignee is to be considered by the competent authorities on case to case basis. However, in the present case, learned counsel for appellant would submit that order of assignment is neither available nor enclosed with writ petition. In the absence of any valid assignment order, this Court cannot issue any compensation.

4. However, learned counsel for appellant would drew the attention of this Court with reference to several communications, which would show that appellant is an assignee. However, such proceedings are insufficient and authorities have to ascertain whether assignment of Government land is validly made in accordance with RSO in favour of appellant. In such an event, eligibility for grant of compensation is to be considered in terms of RSO applicable.

5. Learned Single Judge elaborately considered the issues and dismissed the writ petition by granting liberty to appellant to approach Civil Court of law.

6. In the event of filing any suit, period of limitation shall be excluded, and suit may be decided on merits and in accordance with law.

7. With these observations, writ appeal is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

(S.M.SUBRAMANIAM J.)(P.DHANABAL J.)

21-11-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

1.The District Collector Villupuram Dist.

2.The Executive Officer Gingee Panchayat Union, Gingee, Villupuram Dist.

S.M.SUBRAMANIAM J.

AND P.DHANABAL J.

gd

21-11-2025