High Court · 2025

W.P.No.34033 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.11.2025CoramThe Honourable Mr.Justice Krishnan RamasamyW.P.No.34033 of 2025 COLLAH SINGANNAH CHETTY’S CHARITIESREP. BY ITS HEREDITARY TRUSTEE C.ARUNKUMAR38/1(OLD NO.118) WEST RAJA STREET KANCHEEPURAM-631 502...Petitioner Vs1 THE COLLECTOR KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.2 THE DISTRICT REVENUE OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.3 THE SPECIAL TAHSILDHAR (LA) LAND ACQUISITION OFFICE NATIONAL HIGHWAYS REVENUE DIVISIONAL OFFICE CAMPUS CHENNAI- KANYAKUMARI INDUSTRIAL CORRIDOR TEAM ARAKKONAM 603 306.4 THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT1/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 KANCHEEPURAM. (R4 SUO MOTU IMPLEADED VIDE ORDER DATED 27.10.2025 made in this WPBY KRJ) ...Respondents Prayer :-Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to refer the award No.5/2020-2021 (Na.Ka.No.R/4/122/2019 dated 03.10.2020 passed by the 3rd respondent in respect of the properties belonging to the petitioner trust and acquired in District-Kancheepuram Taluk-Kancheepuram Village, Chitherimedu, before Acquisition 1. Old Survey No.5B extent (hectare)-1.16.00 After acquisition new survey No.5B2, extent (sq.meters) 482, 2. Old Survey No.6, extent (hectare)-1.69.50, After acquisition, new survey No.6/2 extent (sq.meters) 2404, 3.Old Survey No.7/2, extent (hectare) 0.68.50 After acquisition new survey No.7/2B extent (sq.meters) 1036, 4.Old Survey No.9/1 extent (hectare) 1.26.00 after acquisition, New S.No.9/1b, extent (sq.meters) 2119, total 6041, in Chitherimedu Village, Kancheepuram for the purpose of expansion 2/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 and development of National Highways for the Chennai-Kanyakumari Industrial Corridor Scheme on State Highway No.5801, Kancheepuram -Arokkonam – Thirutani Road Expansion in Kancheepuram District to the first respondent for determining the enhanced compensation amount. For Petitioner : Mr.Ravi, Senior Counsel for Mr.D.BaskarFor Respondents 1 to 3 : Mr.P.Sathish Additional Government Pleader For Respondent-4 : Mr.K.Karthikeyan Government Advocate (H.R.& C.E.) Order This Writ Petition is filed seeking for the following relief:-I) For issuance of a mandamus to the respondents 1 to 3 herein to refer the award dated 03.10.2020 passed by the 3rd respondent in respect of the properties belonging to the petitioner trust and acquired in District-Kancheepuram Taluk-Kancheepuram Village, Chitherimedu,for the purpose of expansion and development of National Highways for the Chennai-Kanyakumari Industrial Corridor Scheme on State Highway No.5801, Kancheepuram -Arokkonam – Thirutani Road Expansion in Kancheepuram District to the first respondent for determining the enhanced compensation amount.3/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 2. The learned counsel appearing for the petitioner would submit that the petitioner is a private Trust, established in the year 1816 and is involved in several charitable activities; that the petitioner’s properties, (morefully described in prayer portion of this order) were acquired by the respondent/Land Acquisition Officer, under the Tamil Nadu Highways Act, 2001, and an award was passed on 03.10.2020; that since the compensation is determined without hearing the petitioner’s objection or issuing notice to the petitioner, the petitioner made a representation to the respondents 1 to 3 for enhanced compensation; however, under these, circumstances, the third respondent, Land Acquisition Officer, vide communication dated 29.07.2025 has called upon the petitioner for an enquiry, hence, the petitioner has filed the present Writ Petition seeking for the aforesaid relief.2.1 The learned counsel for the petitioner would further submit that 4/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 the grievance expressed by the petitioner-Trust is that ,since the compensation has been determined without hearing the petitioner’s objection or issuing notice to the petitioner, the petitioner made representations to the respondents 1 to 3 for enhanced compensation; that in the interregnum, any compensation is received in respect of the properties, which were acquired from the petitioner by the respondents 1 to 3, the same has to be deposited only in the name of the petitioner-Trust, however, the Joint Commissioner vide communication dated 21.12.2023 has directed the Assistant Commissioner to open a Joint account with the petitioner for the purpose of receiving compensation from the Highways Department, and subsequently, vide communication dated 30.01.2025, the Joint Commissioner has directed the third respondent to transfer the compensation only on compliance of condition by the petitioner, which is against the interest of the petitioner-Trust. 5/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 3. When the matter is taken up for hearing today, the learned Additional Government Pleader for the respondents 1 to 3 would submit that, irrespective of the communication sent by the Joint Commissioner, H.R.& C.E. dated 21.12.2023 instructing the Assistant Commissioner to open a joint account with the petitioner for the purpose of receiving the compensation from the Highways Department and another communication dated 30.01.2025 requiring the third respondent to transfer the compensation on the petitioner’s complying with the said condition, however, subsequently, the Joint Commissioner vide communication dated 31.01.2025 has permitted the deposit of compensation in the name of the petitioner-Trust, for which, the petitioner has no objection, however, such permission was accorded based on two conditions that, i) once the compensation is deposited into the petitioner’s account, the petitioner has to provide the details of such compensation to the Joint Commissioner H.R.& C.E. Secondly, the particulars with regard to the investment of the compensation 6/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 amount made by the petitioner with the bank are supposed to be provided by the petitioner-Trust to the Joint Commissioner, H.R.&C.E.. 4. The learned Government Advocate for fourth respondent would submit that subject to the said conditions, as sought for by the Joint Commissioner of H.R.& C.E. vide communication dated 31.01.2025, appropriate orders may be passed by this Court. 5. Heard the learned counsel for the parties concerned and perused the materials placed on record. 6. In the light of the communication issued by the Joint Commissioner, H.R.& C.E., dated 31.01.2025, whereby, the third respondent has been permitted to deposit the compensation in the name of the petitioner, 7/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 however, subject to the twin conditions, one requiring the petitioner to furnish the details of compensation to the Joint Commissioner, H.R.& C.E. and second one, requiring the petitioner to furnish the details of investment of such compensation with the bank particulars, viz., Collah Singanna Chetty’s Charities, State of Bank of India, Kancheepuram, having Account No.00000010943790423, bearing IFSC: SBIN0000853), this Court is of the view that there won’t be any difficulties for respondents 1 to 3 to deposit the compensation amount in the name of the petitioner-Trust, provided, petitioner-Trust fulfilling the aforesaid two conditions, without fail. Insofar as the grievance of the petitioner is concerned, i.e. with regard to the enhancement of the compensation, it is upto the petitioner to approach concerned Authority to work out his remedy, in the manner known to law, if he so desires.7. The Writ Petition is closed, as no adjudication is required. No 8/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 costs. 13.112025sdIndex : yes/noNeutral Citation : yes/noTo1 THE COLLECTOR KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.2 THE DISTRICT REVENUE OFFICER KANCHEEPURAM DISTRICT KANCHEEPURAM-631 501.3 THE SPECIAL TAHSILDHAR (LA) LAND ACQUISITION OFFICE NATIONAL HIGHWAYS REVENUE DIVISIONAL OFFICE CAMPUS CHENNAI- KANYAKUMARI INDUSTRIAL CORRIDOR TEAM ARAKKONAM 603 306.4 THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT KANCHEEPURAM. Krishnan Ramasamy,J.,sd9/10 https://www.mhc.tn.gov.in/judis W.P.No.34033 of 2025 W.P.No.34033 of 202513.11.202510/10