- Court
- High Court of Madras
- Decided
- 2 February 2026
- Bench
- C. Saravanan
- Case no.
- WP 19893/2023
Judgment
ORDER The earlier proceedings in this matter were considered by this Court on
25.06.2025, the relevant portion of which is extracted hereunder: "The learned counsel for the petitioner would submit that the petitioners are poor agriculturists and non-filers of ITR. In the year 1980, the lands of the petitioners were acquired by the 2nd respondent under the Land Acquisition Act. Subsequently, the compensation amounts were deposited to the respective petitioners under Section 28A of the Land Acquisition Act. Thereafter, the 2nd respondent had prepared a list of persons, to whom the said compensation amount was given and also they had mentioned with regard to the deduction of TDS for each person. However, the said TDS amount is still lying with the 4th respondent and the same was not yet disbursed till date. Hence, this writ petition has been filed to direct the 4th respondent to disburse the TDS amount for all the petitioners herein.
¶2In reply, Dr.B.Ramaswamy, learned Senior Standing counsel, would submit that after a thorough verification of the ITR status of the petitioners, the aforesaid TDS amount will be returned to them as per the list, dated 18.04.2017, issued by the 2nd respondent. Further, he would submit that the TDS amount will be directly disbursed to the bank account of the petitioners, who have already filed their returns.
¶3However, in the case of non-filers of ITR, he seeks time to get instructions with regard to the procedure and ascertain as to whether the TDS will be disbursed to them directly or through the Thasildhar, through whom they had deposited the TDS, in Page4 of 6 which case, the concerned Thasildhars will disburse the TDS to the respective petitioners.
¶4At request, post this matter on 17.07.2025."
¶2The matter was thereafter listed on 17.07.2025 and adjourned from time to time. Today, the respondents have filed their counter affidavit.
¶3It is seen that the lands of the petitioners were acquired under the provisions of the Land Acquisition Act for the benefit of the Tamil Nadu Housing Board. The petitioners are stated to be agriculturists and not regular assessees under the Income Tax Act. However, TDS has been deducted from the compensation amounts awarded to them.
¶4The learned counsel for the petitioners submitted that individual representations
would
be
submitted
by
each
of
the petitioners to the fourth respondent seeking appropriate relief.
¶5Taking note of the above, the fourth respondent is directed to consider such representations and pass appropriate orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. Page5 of 6
¶6With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
02.02.2026 Index: Yes/No Speaking/Non-speaking order kmm To
¶1The Secretary of Tamil Nadu Tamil Nadu Housing And Urban Department, Fort St. George, Secretariat, Chennai - 600 009.
¶2The Special Tahsildar (LA) Neighbourhood Scheme, Tamil Nadu Housing Board, Salem District.
¶3The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Salem Housing Section, Ayyanthiru Maligai Road, Salem - 636 008.
¶5The Assistant Commissioner, Income Tax Department, Sastri Bhavan, Haddows Road, Nungambakkam, Chennai - 600 034. Page6 of 6
C.SARAVANAN, J. kmm W.P.No.19893 of 2023
02.02.2026
Case details
Parties and counsel
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN W.P.No.19893 of 2023 and W.M.P.No.19228 of 2023 1. A.Ravi 2. S.Govindan 3. S.Prakash 4. A.Arivalagan 5. C.Raja 6. G. Rukmani 7. V. Balasundaram 8. R.Srinivasan 9. Sundarambal 10.M.Karikala Sundar 11.Periya Sami 12. V.Dharman 13. S.Nallathambi 14. P.Mohan 15. M.Balakrishnan 16. C.Murali 17. C.Murali Page2 of 6 18. V.Manimekalai 19. N.Mulaikodi Pannerselvam 20. R. Ayyappan 21. K. Mariyappan ..Petitioners Vs 1. The Secretary of Tamil Nadu Tamil Nadu Housing And Urban Department, Fort St. George, Secretariat, Chennai - 600 009. 2. The Special Tahsildar (LA) Neighbourhood Scheme, Tamil Nadu Housing Board, Salem District. 3. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Salem Housing Section, Ayyanthiru Maligai Road, Salem - 636 008. 4. The Assistant Commissioner, Income Tax Department, Sastri Bhavan, Haddows Road, Nungambakkam, Chennai - 600 034. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 4th respondent to return back the income tax deducted amount as per the list dated 18.04.2017 issued by the 2nd respondent for all the petitioners herein or any other appropriate writ order or direction. Page3 of 6 For Petitioners : Mr.B.S.Sundaramoorthi For Respondents : Dr.B.Ramaswamy, Senior Standing Counsel. R1 to R3 – No appearance.
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.