7.Post the matter on 21.08.2025 at 10.30 a.m., under the caption ‘for orders’ for appearance of the District Collector, Tenkasi District and file a report. 8.The learned Government Pleader is directed to inform this order to the District Collector, Tenkasi District / 4th respondent immediately over phone or
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Tuesday, the Nineteenth day of August Two Thousand and Twenty Five
PRESENT
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN
WP(MD). No.16785 of 2020
M.SANKARAPANDIAN … Petitioner
Vs
1 THE GOVERNMENT OF TAMILNADU
St.George Fort, Chennai,
Through its Chief Secretary
2 The Secretary and Commissioner,
Revenue Department, St.George Fort, Chennai
3 The Secretary and Commissioner,
Finance Department, St.George Fort, Chennai
4 The District Collector
Collectorate,
Tenkasi District. Tenkasi
5 Thasidhar
Veerakeralamputhur, Tenkasi District
6 The Secretary and Commissioner,
https://www.mhc.tn.gov.in/judis Hindu Religious and Charitable Endowment Department, St.George Fort, Chennai
7 The Commissioner
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Salai, Nungambakkam, Chennai
8 A/M.Navaneethakrishnaswamy Kovil,
Veerakeralamputhur, Tenkasi District,
Through it Executive Officer
9 S.M.Maruthappa Pandian
Hereditary Trustee,
A/m.Navaneethakrishnaswamy kovil,
Veerakeraplamputhur Tenkasi District. … Respondents
Prayer :-
Writ Petition under Article 226 of Constitution of India issue a Writ or Order or other Directions in the nature of the WRIT OF MANDAMUS directing Respondents 1 to 5 to proceed under Right to Fair Compensation Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30/2013) and pay compensation to the 8th Respondent temple with statuary interest from 06.02.2002 to till payment for occupying 3 acres of valuable land in Sy.No.100, Veerkeralamputhur Village and Taluk, Tenkasi District
ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Mr.J.Thomas Raja durai, Advocate for the Petitioner and of Mr.P.Thilakkumar,Government Pleader for Respondents 1 to 5 and of Mr.P.subbaraj Special Government Pleader for Respondents 6 and 7 and of Dr.C.Guhaseelarupan,Advocate for R 8,and of Mr.T.S.R.Venkatramana senior
counsel for M/S.V.Janaki Devi,Advocate for R 9 for the respondent(s), this Court
https://www.mhc.tn.gov.in/judis made the following order:
Despite the fact that the Joint Commissioner of Hindu Religious and Charitable Endowments Department, Tuticorin has written several letters to the revenue authorities to settle the land acquisition compensation in favour of the temple, no progress has been made. It is not in dispute that the compensation is to be settled under Section 24 of the Right to Fair Compensation Transparency in Land
Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’). Accordingly, the Joint Commissioner submitted a proposal, stating that sum of Rs.74 lakhs is to be paid per hectare and total compensation is calculated as Rs.3,11,10,243/- (Rupees Three Crores Eleven Lakhs Ten Thousand Two Hundred and Forty Three Only).
2.The learned Senior Counsel appearing for the 9th respondent, who is the
hereditary trustee of the temple, would submit that even the said assessment of the Joint Commissioner is not in consonance with the Act. According to the 9th respondent, the compensation even in the year 2020 was worked out to Rs.67.32 Crores under the Act.
3.The Revenue Department is not expected to deny the right of a deity in a
temple, who is the owner of the property. Since because the temple is controlled by the HR & CE Department, the Revenue Department has no authority to negotiate
https://www.mhc.tn.gov.in/judis
through back door and reduce the compensation as applicable under the Act. The deity in the temple being the owner of the property is entitled for just compensation as contemplated under the provisions of the Act. It is not for the HR & CE Department and the Revenue Department to negotiate and reduce the
compensation, since the High Court is parens patriae in respect of minor, in the present case, deity of the temple.
4.Admittedly, the land was acquired long back, wherein the Government
building has been constructed and the Government Department is enjoying the property measuring about 3 acres for about 23 years. However, the compensation is yet to be settled. It is an unfortunate circumstance, where minor has been deprived of getting rightful compensation under the Act.
5.The inter departmental communications are sent without materializing
the compensation, which shows that the authorities have not shown any sensitivity in settling the compensation in respect of the temple property.
6.In view of the fact the compensation has not been paid for long years, the District Collector, Tenkasi District / 4th respondent is directed to appear before this Court in person and explain the delay in settling the compensation and further, ensure that the compensation is calculated under the Act and paid forthwith to the
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temple and inform this Court, failing which, this Court has to take serious action, since the temple is deprived of getting land acquisition compensation for about 23 years.
7.Post the matter on 21.08.2025 at 10.30 a.m., under the caption ‘for orders’
for appearance of the District Collector, Tenkasi District and file a report.
8.The learned Government Pleader is directed to inform this order to the District Collector, Tenkasi District / 4th respondent immediately over phone or
through any other electronic mode of communication.
Sd/-
Assistant Registrar (AE)
// True Copy //
/ /2025
Sub Assistant Registrar
(CS – I/II/III/IV)
1 THE GOVERNMENT OF TAMILNADU
St.George Fort, Chennai,
Through its Chief Secretary
2 The Secretary and Commissioner, Revenue Department, St.George Fort, Chennai.
3 The Secretary and Commissioner, Finance Department, St.George Fort, Chennai.
https://www.mhc.tn.gov.in/judis
4 The District Collector
Collectorate,
Tenkasi District. Tenkasi
5 Thasidhar
Veerakeralamputhur, Tenkasi District
6 The Secretary and Commissioner,
Hindu Religious and Charitable Endowment Department, St.George Fort, Chennai
7 The Commissioner
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Salai, Nungambakkam,
Chennai
Copy to:
The Section Officer,
Writ Section,
Madurai Bench of Madras High Court, Madurai.
TS (19/08/2025) 6P/9C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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