Prayer

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent herein to refer the dispute as to the entitlement and appointment of compensation for acquisition of the lands in survey No.18/1, 21/1 and 223 of Kurubarapalli village, Krishnagiri Taluk and District to the competent civil court for adjudication under section 9 (2) of the Tamil Nadu Acquisition of land for industrial purposes Act 1977 and deposit the entire compensation amount before that court

Order

Heard Mr.R.Sethuvarayar learned counsel appearing for the petitioner, Mr.Ramesh Venkatachalapathy, learned counsel for the first respondent and Mr.C.Gowthamaraj, learned Government Advocate for respondents 2 to 4.

2. This Writ Petition is filed seeking for the following prayer:-

i) For issuance of a mandamus directing the 1st respondent herein to refer the dispute as to the entitlement and appointment of compensation for acquisition of the lands morefully described in the prayer of this Writ Petition to the competent civil court for adjudication under section 9 (2) of the Tamil Nadu Acquisition of land for industrial purposes Act 1977 and deposit the entire compensation amount before that court.

3. The learned counsel for the petitioner would submit that she is the absolute owner of the aforesaid property by virtue a Gift Deed dated 07.08.2015 executed by her first son in her favour; that since the subject properties along with other properties are joint family properties, the other family members have filed suits for partition/declaration of title/right/interest and such suits are pending in O.S.No.21 of 2019, O.S.No.7 of 2008 and O.S.No.87 of 2016 before the Civil Court; that based on a preliminary decree passed in O.S.No.7 of 2008, the sixth respondent created certain void documents and produced the same before the respondents 3 to 5 and also entered into a private negotiations with them, whereby, the compensation amount has been determined and deposited into K Account of SBI.

3.1 The learned counsel for the petitioner further submits that the sixth respondent filed a Writ Petition before this Court in W.P.No.20413 of 2024 against the respondents 1 to 5 and obtained a direction against the respondents 3 and 4 to disburse the award amount to the sixth respondent, therefore, the petitioner filed an objection petition on 06.09.2024 before the respondents 3, 4 and 5 requesting the respondents to disburse the entire award amount regarding the property in S.No.21/1 on the strength of Gift Deed dated 07.08.2015 and so far as the properties in S.Nos.18/1 and 223 are concerned, requested to refer the dispute to the Civil Court and to deposit the award amount to the Civil Court or to refer entire dispute to the Civil Court and to deposit entire award of compensation to the Civil Court, since, any transaction, that takes place during the pendency of the suits are all hit by lis pendens. Thus, by averring so, the learned counsel seeks for appropriate orders.

4. The learned Government Advocate for the respondents 2 to 5 would submit that during the pendency of the suits, the sixth respondent has entered into a private negotiation with the respondents, based on such negotiation, award amount has been quantified; that since the respondents 3 to 5 are impleaded as parties in the suit and they considering the fact that parties rights over the properties acquired by them are in dispute before the Civil Court, deposited the compensation amount into K Account of SBI; however, since the sixth respondent filed a Writ Petition before this Court in W.P.No.20413 of 2024 seeking for a direction on the respondents 3 and 4, who are also respondents 3 and 4 to disburse the compensation amount to her for the land acquired; that the said Writ Petition was disposed of vide order dated 24.07.2024 and the respondents 3 and 4 were directed to disburse the compensation amount to the petitioner withi