Judgment :- 1. Heard Mr.M.Sivavarthanan, learned counsel for the petitioners and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents. 2. Petitioners have come before this Court seeking for a direction to the 2nd respondent to disburse their share in the compensation amount for acquiring the lands in S.No.188/32 at Porur Village, measuring about 153 sq. Meters and building thereon as per the proceedings of the 2nd respondent in Na.Ka.No.40/2008 A1 dated 15.02.2012. 3. It is the case of the petitioners that they are the owners of the land in S.No.188/32 at Porur Village and the buildings built up thereon. The said land measuring about 153 sq. Meters and the building thereon was acquired by the respondents for construction of a flyover under the provisions of the Tamil Nadu Highways Act, 2001 and the 2nd respondent has also passed an award for the acquired lands by a common award, but the award amount has not been disbursed to the petitioners. According to the petitioners, the lands in S.No.188/32 (Old Survey No.188/16) at Porur Village originally belonged to one Mr.Govindaraj & Mr.Jeyaraman, sons of Kathirvelu Archagar and the aforesaid persons sold the property in favour of Mr.Sudahar Shinde, by Sale Deed dated 22.09.1973, registered as Document No.1925/1973 and thereafter, the said Sudahar Shinde and his wife Sunitha Shinde constructed shops by obtaining permission from Villivakkam Panchayat Union in D.D.I.S.No.5268/1974 dated 29.05.1974. On 11.07.1995, the said shops and land were sold to Mr.P.Arumugam, son of Pitchai Muthu Naicker in Document No.3151/1995. Thereafter, through various vendors, the petitioners purchased their share in S.No.188/32 and the shops built thereon. All the vendors of the petitioners trace their title from the said P.Arumugam and apart from the petitioners, there are three other persons, viz., (1) Selvam (2) Chinna (3) Chotty Devi, who have equal share in the lands and building in S.No.188/32. 4. For the public purpose of constructing a Flyover, the land in S.No.188/32 was sought to be acquired by the 1st respondent and Section 15(2) notice was issued under the Tamil Nadu Highways Act, 2001 (hereinafter referred to as 'the Act') on 21.08.2009 and Section 15(1) notice was published by the 1st respondent in the Government Gazette No.6 on 17.02.2010, thereby acquiring the petitioners' property. The 1st respondent appointed the 2nd respondent as the Land Acquisition Officer and the 2nd respondent conducted the Award enquiry. 5. The 1st respondent appointed the 2nd respondent as the Land Acquisition Officer and the 2nd respondent conducted the Award enquiry. 5. It is further stated by the petitioner that the 2nd respondent issued notice dated 22.03.2010 under Section 19(3) of the Act and as per Section 19(5) of the Act, the 2nd respondent, by proceedings dated 14.12.2010 fixed Award enquiry on 06.01.2011 and finally, the 2nd respondent passed an award in Award No.3/2011 dated 10.03.2011 and thus determined the compensation payable to the petitioners. The 2nd respondent by proceedings vide Na.Ka.No.40/2008 A1 dated 15.02.2011 informed the petitioners that a sum of Rs.38,28,582/- has been fixed as compensation and asked them to collect the said amount by producing their title documents, Encumbrance Certificate and other documents. Pursuant to the same, the petitioners approached the 2nd respondent in the first week of March 2011 within the stipulated time and submitted their Original Title Deeds, Encumbrance Certificate, Property Tax Receipts and Electricity Bills, evidencing their title and possession to the acquired property, but, the 2nd respondent did not disburse the amount to the petitioners and insisted them to produce the revenue records. 6. The 2nd respondent has filed counter and has inter alia stated that the Government, after careful study to ease traffic congestion at Porur junction, has decided to construct a Grade Separator in the junction of Mount-Poonamallee Road and Kodambakkam-Sriperumbudur Road. The construction of Grade Separator was entrusted to Highways Department and the administrative sanction was granted in G.O.Ms.No.229, Highways Department, dated 14.11.2005. After following the due procedure, acquisition work was initiated by issuing a notification under Section 15(2) of the Act for an extent of 2,551 sq. Meters of Patta lands. After effecting necessary publication, an enquiry was conducted on 22.09.2009 by the Special Deputy Collector (L.A.), TNUDP III, Poonamallee, Chennai-56. 7. It is the stand of the 2nd respondent that as per the Revenue Records, S.No.188/32 stands in the name of Samudaya Gramathar Badrajala Mudaliar. The 15(2) notification was also published in the above name and an enquiry under Section 15(2) was conducted by the Special Deputy Collector (LA) on 22.09.2009 and on behalf of the above Survey Number, (1) Thiru Mohammud Farook (2) Thiru. A. Selvam and (3) Thiru. Mohammed Kutty appeared and produced their documentary evidence. The 15(2) notification was also published in the above name and an enquiry under Section 15(2) was conducted by the Special Deputy Collector (LA) on 22.09.2009 and on behalf of the above Survey Number, (1) Thiru Mohammud Farook (2) Thiru. A. Selvam and (3) Thiru. Mohammed Kutty appeared and produced their documentary evidence. Thereafter, necessary notification under Section 15(1) of the Act for acquisition of Patta lands in Porur Village was approved by the Government vide G.O.Ms.No.35, Highways and Minor Ports (H.W.2) Department, dated 29.01.2010 and published in Tamil Nadu Government Gazette No.6, dated 17.02.2010. 8. It is further stated by the 2nd respondent that the value of the acquisition lands and buildings were duly approved by the Commissioner of Land Administration, Chepauk, Chennai-5 on 22.11.2010 and an enquiry under Sections 19(5) and 19(7), i.e. award enquiry was conducted on 06.01.2011. The petitioners attended the award enquiry and submitted their documents to prove their ownership. Even though, in the Revenue records, the above land stands registered in the names of Samudaya Gramathar Thiru Badrajala Mudaliar, based on the documents produced by the land owners, the Award was passed in the name of eight persons, with a direction to make the payment after production of all link documents in original. As per the Award, out of the total extent of 0.10.0 Hectares, only 153 sq. Meters were acquired, out of which only 141 sq. Meters pertain to land and buildings and the balance 12 sq. Meters is for Staircase, which is for common purpose and it is divided to eight persons, as 1.5 sq. Meter for each, as detailed below: 9. The Award for Porur Patta lands was passed in Award No.3/2011 on 15.02.2011. The entire award amount was deposited in Work Deposit on 30.12.2011 at Sub-Treasury, Poonamallee. 10. As regards disbursement of compensation, the 2nd respondent has taken a stand in paragraphs 11 and 12 of the counter, as follows: "11. With regard to averments mentioned in paragraphs 5, 6 and 7 are concerned, it is submitted that based on documents produced by the petitioners, their name has been added as interested persons and enquiry notice u/s 19(2) and 19(3) and enquiry notice u/s 19(5) and 19(7) were issued to the petitioners. With regard to averments mentioned in paragraphs 5, 6 and 7 are concerned, it is submitted that based on documents produced by the petitioners, their name has been added as interested persons and enquiry notice u/s 19(2) and 19(3) and enquiry notice u/s 19(5) and 19(7) were issued to the petitioners. Based on the documents produced on the day of Award enquiry, i.e. enquiry u/s 19(5) and 19(7) of Tamil Nadu Highways Act, 2001 (Tamil Nadu Act, 2002), the award was passed in the names of 8 persons (including petitioners) and a notice u/s 19(3) and 19(6) was also issued to all the awardees to produce all the documents in original to receive the compensation amount. 12. After receiving the notice u/s 19(3) and 19(6), the petitioners appeared in this Office, and produced their documents. As per the Revenue records, the above mentioned land stands registered in the name of Samudaya Gramathar Badrajala Mudaliar, but the documents produced by the petitioners were not linked with the Revenue Records. Hence, the petitioners were orally advised to produce the correct link documents. But, so far, the land owners have not produced the link documents. Hence, the compensation amount to the acquisition land was not disbursed so far. As per Section 22(3) of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34/2002), 'If the persons entitled to amount according to the decision of the Collector do not consent to receive it, or if there be any disputes as to the title to receive the amount, the Government shall deposit the so determined in the Court' and hence actions are being taken to deposit the compensation amount in the Sub Court u/s 22(3)." In the light of the above, the respondents pray for dismissal of the Writ Petition. 11. On the above background pleadings, I have heard the learned counsel for the parties and perused the material documents annexed in the typed set of papers. 12. It is seen that the land in question in S.No.188/32 was sought to be acquired for public purpose for constructing a Grade Separator in the junction of Mount-Poonamallee Road and Kodambakkam-Sriperumbudur Road and for that purpose, administrative sanction was granted in G.O.Ms.No.229, Highways Department, dated 14.11.2005. 12. It is seen that the land in question in S.No.188/32 was sought to be acquired for public purpose for constructing a Grade Separator in the junction of Mount-Poonamallee Road and Kodambakkam-Sriperumbudur Road and for that purpose, administrative sanction was granted in G.O.Ms.No.229, Highways Department, dated 14.11.2005. The work relating to land acquisition for the said overbridge was entrusted to Special Deputy Collector (L.A.), T.N.U.D.P. III, Chennai and after necessary notifications and procedures, lands have been acquired and thereafter, on holding Award Enquiry, an Award was passed in the name of eight persons subject to confirmation on production of original documents. In view of the above stated position, having not received the determined compensation, petitioners are before this Court for the above relief. 13. It is the consistent stand of the respondents in paragraphs 11 and 12 of the counter that based on the documents produced by the petitioners, their names have been added as interested persons and enquiry notice under Section 19(2), 19(3), 19(5) and 19(7) has been issued to them. Based on the documents produced, after holding Award enquiry, the Award was passed in the names of 8 persons including the petitioners and a notice under Section 19(3) and 19(6) was also issued to all the Awardees to produce all the documents in original and receive the compensation. 14. Now, it is revealed that as per the Revenue Records, the above Survey Number stands in the name of Samudaya Gramathar Badrajala Mudaliar, but the documents produced by the petitioners were not linked with the Revenue Records. Hence, the petitioners were orally advised to produce the correct link documents. But, so far the land owners have not produced the same. 15. Learned counsel for the petitioners has consistently pleaded that the documents produced by the petitioners at the time of Award Enquiry have to be taken into account. However, learned Special Government Pleader resisted the said claim that the original documents can be taken into account only on verification of the same, since 15(2) Notification was published in the name of Samudaya Gramathar Badrajala Mudaliar and enquiry notice was also sent in such name. Enquiry under Section 15(2) was conducted and interested persons, viz., (1) Mohammud Farook (2) A.Selvam and (3) Mohammed Kutty attended the same and produced their documentary evidence. Thereafter, necessary Notification under Section 15(1) of the Act was issued. Enquiry under Section 15(2) was conducted and interested persons, viz., (1) Mohammud Farook (2) A.Selvam and (3) Mohammed Kutty attended the same and produced their documentary evidence. Thereafter, necessary Notification under Section 15(1) of the Act was issued. Therefore, any interested person who claims benefits over the land in question, must produce necessary documents as per the Revenue Records. In the absence of Revenue Records, it is for the competent authority/acquisitioning Body to deposit the amount of compensation to the competent Court of Civil jurisdiction and only then, claim for compensation can be considered. 16. In the given situation, it appears that the Notification was issued in the name of Samudaya Gramathar Badrajala Mudaliar and proceedings have been initiated. Thereafter, the petitioners, as interested persons, appeared for Award Enquiry and claimed compensation as per the documents, which is not linked with the Revenue Records. Therefore, the respondents took a stand not to disburse the amount till the petitioners produce the documents in respect of their claim. Hence, the stand of the respondents in taking such a decision cannot be faulted with. 17. However, the petitioners, as interested persons, submit any documents in support of their claim, the respondents are bound to consider the same. But, in the given situation, it appears that no such documents were produced, inspite of being advised to produce the same. If that is so, the respondents are bound to comply with Section 22(3) of the Act, which states that 'if the persons entitled to amount according to the decision of the Collector do not consent to receive it, or if there be any disputes as to the title to receive the amount, the Government shall deposit the amount so determined in the Court.' 18. Hence, the action as contemplated by the respondents to deposit the amount in the Court, as per Section 22(3) is the only possible remedy and therefore, in the light of the above stated position, the 2nd respondent/Special Deputy Collector (Land Acquisition) is directed to deposit the determined compensation amount to the said Court of competent jurisdiction and the petitioners are at liberty to claim their share after producing necessary documents before the competent forum. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected M.P.No.1 of 2012 is closed.