1 W.P.(MD)NO.17023 OF 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P.(MD)No.17023 of 2019

P. Jayachandran

... Petitioner

Vs.

1. The Competent Authority (Land Acquisition),

National Highways (NH-49),

Special District Revenue Officer,

Office of the District Collectorate Complex,

Ramanathapuram District,

Ramanathapuram.

2. The Special Tahsildar (Land Acquisition),

National Highways (NH-49)-Unit II,

Manamadurai,

Sivagangai District.

3. Muthu Pillai

4. Jayamani

5. Mohan

... Respondents

Prayer: Writ petition filed under Article 226 of the

Constitution of India, to issue a Writ of Mandamus, directing

the respondents 1 and 2 to refer the dispute relating to the

apportionment of the compensation amount referred in

proceedings of 1^st respondent in Ref. No. Roc.NH49/Unit-

V/121/2015, dated 04.06.2019 to the Principal Civil Court as

contemplated under Sec.3-H(4) of National Highways Act,

1956.

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2 W.P.(MD)NO.17023 OF 2019

For Petitioner

: Mr.S. Natarajan

For R-1 & R-2

: Mr.M. Sarangan,

Additional Government Pleader.

For R-3 to R-5 : Mr.D. Sivaraman

* * *

O R D E R

Heard the learned counsel on either side.

2. The petition mentioned land was acquired under

the provisions of the National Highways Act 1956.

3. The competent authority determined the amount

payable as compensation. However, the writ petitioner

asserted that the entire compensation amount should be paid

only to him. This was disputed by the private respondents

herein. Since the authority did not make any reference under

Section 3H(4) of the National Highways Act 1956, the present

writ petition came to be filed.

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3 W.P.(MD)NO.17023 OF 2019

4. During the pendency of the writ petition, since

there was no interim order, the authority purportedly acted

under Section 3H(3) of the Act and disbursed what according

to him are the shares payable to the private respondents.

When this was brought to the notice of this Court, on

20.12.2019, the following order was passed:-

“ It is represented by the learned counsel for

the petitioner that during the pendency of this writ

petition seeking reference of the dispute in terms of

Section 3H(4) of the National Highways Act, the

Special Tahsildar, Land Acquisition has disbursed the

amount to the individuals. Section 3H(4) of the

National Highways Act indicates that if any dispute

arises as to the apportionment of the amount, shall be

referred to the decision of the Principal Civil Court of

original jurisdiction. Though the respondents 1 and 2

are aware of the dispute and this writ petition is also

filed, it is submitted that the respondents 1 and 2 have

disbursed the compensation to the private respondents

contrary to the statutory provisions.

2.In the said circumstances, the respondents 1

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4 W.P.(MD)NO.17023 OF 2019

and 2 are directed to deposit the amount which was

disbursed to the private respondents within a period of

four weeks from the date of receipt of a copy of this

order, so that it will be available once a dispute is

settled by the Civil Court. This interim order is only to

protect the interest of parties during the pendency of

proceedings. It is open to the respondents 1 and 2

either get back the amount from the private

respondents or by other means.

3.Post the matter on 20.01.2020. ”

5. It is stated that pursuant to the said direction, the

fifth respondent had redeposited the amount what disbursed

to him. Respondents 3 and 4 do not appear to have complied

with the said direction. They in fact want the said direction to

be vacated