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2026 DAILYLAW 45854 (MAD)

N.BALAJI v. The Principal Secretary,

WP/23641/2026 · 2026-06-29

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

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WP No. 23641 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 23641 of 2026 N.Balaji S/o. Narayanan, Door No. 207, Agragara Street, Erode Town Erode -638 001. ..Petitioner(s) Vs 1. The Principal Secretary, Public Works Department, St. George Fort, Chennai -600 009 2. The Principal Secretary Environment and Forest Department, St.George Fort, Chennai - 600 009 3. The Chairman, Tamil Nadu Pollution Control Board, Chennai - 600 032. 4. The Member Secretary Tamil Nadu Pollution Control Board, Chennai - 600 032. 5. The District Environment Engineer, (North), Tamil Nadu Pollution Control Board, Kumaran Complex, Kumaran Road, Tiruppur - 641 601. 6. The District Environment Engineer, (South), Tamil Nadu Pollution Control Board, 12A, Pollachi By-Pass Road, Palladam, Tiruppur - 641 664. https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page2 of 8 7. The District Environment Engineer, Tamil Nadu Pollution Control Board, CMP Plot, SIDCO Industrial Estate, Chennimalai Road, Erode -638 001 8. The District Environment Engineer, Tamil Nadu Pollution Control Board, S.F.No.654 Part, 655 Part, L.N.S. Village, L.G.B.Nagar, Arivuthirukkovil Road, Karur - 639 002. 9. The District Collector, Karur, Anbu Nagar, Karur District - 639 007 10.The District Collector Erode, Sampath Nagar, Erode District - 638 011. 11.The District Collector, Tiruppur, Karuppa Gaundanpalayam, Tiruppur District - 641 604 12.The Sub Registrar, Sub Registrar office, Vellakovil, Tiruppur District - 638 111. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, directing the respondents to fix the repayment of compensation amount to petitioner’s land measuring an extent of 2.421 Acres comprised in R.S.No.106/1, 106/2, 106/3, 106/4, 106/5, 106/6, 106/7, 107/1, 107/3, 107/4, 107/5 at Muthoor Village, Kangeyam Taluk, Tiruppur District on https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page3 of 8 the total compensation amount of Rs.17,80,713/- awarded to petitioner’s previous owner R.Palanisamy, son of Ramasamy Gounder on the land property to the total extent of 9.32 Acres and consequently, to remove the entry for the extent of 2.421 Acres purchased by petitioner in R.S.No.106/1, 106/2, 106/3, 106/4, 106/5, 106/6, 106/7, 107/1, 107/3, 107/4, 107/5 at Muthoor Village, Kangeyam Taluk, Tiruppur District on repayment of the compensation amount fixed by the respondents by considering petitioner’s representation dated 01.04.2026 within a stipulated time as fixed by this court. For Petitioner(s): Mr.D.Gopal For Respondent(s): Mr. For Petitioner(s): Mr.D.Gopal For Respondent(s): Mr. J.V.Sakthi Baalakrishnan Government Counsel for R1 and R2 Mr.V.Gunasekar, Standing Counsel for R3 to R8 ORDER The present Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents to determine the proportionate compensation amount payable by petitioner in respect of the land measuring an extent of 2.421 acres comprised in R.S.No.106/1, 106/2, 106/3, 106/4, 106/5, 106/6, 106/7, 107/1, 107/3, 107/4, 107/5 at Muthoor Village, Kangeyam Taluk, Tiruppur District, out of the total compensation of Rs.17,80,713/- awarded to petitioner’s vendor, and consequently, to remove the attachment over the said property by considering petitioner’s representation dated 01.04.2026. https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page4 of 8 2. Learned counsel for petitioner would submit that petitioner had purchased the property measuring an extent of 2.421 acres from one R.Palanisamy, son of Ramasamy Gounder, who was a member of the Noyyal River Ayacutdars Protection Association. He would submit that in terms of G.O.Ms.No.209, Environment and Forest (EC-1) Department, dated 31.12.2011, a compensation of Rs.17,80,713/- was awarded to petitioner’s vendor. According to the learned counsel, the entitlement of petitioner’s vendor to receive the said compensation was the subject matter of litigation, which was carried all the way up to the Hon’ble Supreme Court, which by order dated 26.03.2014 made in Civil Appeal No.4564 to 4583 of 2013, held that petitioner’s vendor was not entitled to the compensation in terms of G.O.Ms.No.209, referred to supra. Pursuant thereto, Government passed G.O.Ms.No.37, Environment and Forests (EC-1) Department dated 17.03.2015, wherein it was directed that District Collectors of Karur, Erode and Tiruppur to recover the compensation amount already paid. Learned counsel for petitioner would further submit that petitioner is ready and willing to repay the compensation of Rs.17,80,713/- attributable to 2.421 acres out of 9.32 acres, along with interest. 3. Learned counsel appearing for respondents would submit that respondents would furnish a worksheet indicating the amount payable by petitioner. Upon payment of the said amount, the respondent authority would https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page5 of 8 raise the attachment insofar as petitioner’s property measuring an extent of 2.421 acres covered in R.S.No.106/1, 106/2, 106/3, 106/4, 106/5, 106/6, 106/7, 107/1, 107/3, 107/4, 107/5 at Muthoor Village, Kangeyam Taluk, Tiruppur District. 4. In view of the above submission, this Court directs the respondents to furnish the worksheet to petitioner within three (3) weeks from the date of uploading of web copy without waiting for receipt of certified copy of the order. On payment of the amount by petitioner in accordance with the worksheet, the respondents shall raise the attachment over petitioner’s property within 48 hours thereafter. 5. Accordingly, this Writ Petition stands disposed of. No Costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ANU https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page6 of 8 To 1. The Principal Secretary, Public Works Department, St. George Fort, Chennai -600 009 2. The Principal Secretary Environment and Forest Department, St.George Fort, Chennai - 600 009 3. The Chairman, Tamil Nadu Pollution Control Board, Chennai - 600 032. 4. The Member Secretary Tamil Nadu Pollution Control Board, Chennai - 600 032. 5. The District Environment Engineer, (North), Tamil Nadu Pollution Control Board, Kumaran Complex, Kumaran Road, Tiruppur - 641 601. 6. . The District Environment Engineer, (South), Tamil Nadu Pollution Control Board, 12A, Pollachi By-Pass Road, Palladam, Tiruppur - 641 664. 7. The District Environment Engineer, Tamil Nadu Pollution Control Board, CMP Plot, SIDCO Industrial Estate, Chennimalai Road, Erode -638 001 8. The District Environment Engineer, Tamil Nadu Pollution Control Board, S.F.No.654 Part, 655 Part, L.N.S. Village, L.G.B.Nagar, Arivuthirukkovil Road, Karur - 639 002. https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page7 of 8 9. The District Collector, Karur, Anbu Nagar, Karur District - 639 007 10.The District Collector Erode, Sampath Nagar, Erode District - 638 011. 11.The District Collector, Tiruppur, KaruppaGaundanpalayam, Tiruppur District - 641 604 12.The Sub Registrar, Sub Registrar office, Vellakovil, Tiruppur District 638 111. https://www.mhc.tn.gov.in/judis WP No. 23641 of 2026 __________ Page8 of 8 MOHAMMED SHAFFIQ, J. ANU WP No. 23641 of 2026 29-06-2026 https://www.mhc.tn.gov.in/judis