High Court · 2025

W.P.No.32286 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.10.2025CoramThe Honourable Mr.Justice Krishnan RamasamyW.P.No. 32286 of 2025 A.G.SELVARAAJ ..Petitioner Vs.1 THE DISTRICT COLLECTOR, RANIPET DISTRICT, RANIPET-632 401.2 THE DISTRICT REVENUE OFFICER, (LAND ACQUISITON) O/O.COLLECTORATE RANIPET.3 THE SPECIAL DISTRICT REVENUE OFFICER (LAND ACQUISITION AND MANAGEMENT) O/O.DISTRICT COLLECTORATE, VELLORE VELLORE DISTRICT-632 009.4 THE SPECIAL TAHSILDAR (LAND ACQUISITION FOR HIGHWAYS ARCOT ARNI BY PASS ROAD) NOW MERGED WITH SPECIAL TAHSILDAR (L.A.) CHENNAI-KANIYAKUMARI INDUSTRIAL CORRIDOR ARAKKONAM RANIPET. ...Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to make a Reference under Sec.20 of the Tamil Nadu Highways Act 2021 (T.N. Act 34 of 2002) in respect of the acquired property viz. (i) comprised 1/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 2025in survey Nos.243/2C ,New Survey No.243/157, measuring 38 sq.meters and (ii) land comprised in survey No.243/2B, New Survey No.243/180 measuring 179 sq. Meters, situate at Tajpura village, Arcot Taluk, Ranipet District covered in Award No.03/2021 in Na.Ka.E1/3539/2019 dated 30.06.2021 passed by the 2nd respondent within the time fixed by this Honourable Court For Petitioner : Mr.K.Premkumar For Respondents 1 to 4 : Mr.A.Selvendran Special Government Pleader Order The petitioner has filed this Writ Petition seeking for the following relief:-i) For issuance of a mandamus directing the 3rd respondent to make a Reference under Sec.20 of the Tamil Nadu Highways Act 2021 (T.N. Act 34 of 2002) in respect of the acquired property situate at Tajpura village, Arcot Taluk, Raniept District covered in Award No.03/2021 dated 30.06.2021 passed by the 2nd respondent within the time fixed by this Court2. It is the contention of the learned counsel for the petitioner that the petitioner's property was acquired by the respondent/State Highways Department under Sec.20 of the Tamil Nadu Highways Act 2021 (T.N. Act 2/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 202534 of 2002) and an award was passed on 30.06.2021, determining the compensation at Rs.31,18,028; that not being satisfied with the said award, the petitioner filed objection and sought for reference before the Competent Authority; that since the objection filed by the petitioner evoked no response, the petitioner has been making representations to the respondents one after another repeatedly, however, since as on date, the petitioner has not been favoured with any response, the petitioner is constrained to approach this Court by way of the present Writ Petition seeking for the aforesaid relief. 3. It is the contention of the learned Special Government Pleader for the respondents that in terms of the provisions of the Tamil Nadu Highways Act, 2001 (T.N. Act 34 of 2002), the limitation period to seek a reference for determination of the compensation amount is 60 days from the date the landowner (petitioner in this case) receives the communication of the award, and, in the present case, the award was passed on 30.06.2021, therefore, the petitioner is supposed to have made an application for Reference within a period of limitation, i.e. 60 days (on or before 3/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 202530.08.2021, whereas, the petitioner has made application for Reference only on 19.08.2022, hence, the claim of the petitioner has not been considered by the respondents. 4. However, the learned Special Government Pleader fairly submitted that, the Hon'ble Supreme Court by taking into consideration of the difficulties faced by the litigant in filing petitions within the period of limitation in view of the spread of the new variant of the COVID, extended the limitation period, if any, falls within March 15, 2020 till February 28, 2022, in the matter of Re Cognizance For Extension of Limitation [Miscellaneous Application No. 21 of 2022 in Miscellaneous Application No. 665 of 2021 in Suo Motu Writ Petition (C) No. 3 of 2020 dated January 10, 2022] and he also drawn the attention of this Court to para No.4 of the said order dated 10.01.2022, which is extracted hereunder:-'' The present Miscellaneous Application has been filed by the Supreme Court Advocates on Record Association in the context of the spread of the new variant of the Covid-19 and the drastic surge in the number of Covid cases across the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 2025Country. Considering the prevailing conditions, the applicants are seeks the following :i) Allow the present Application by restoring the order dated 23.03.2020 passed by this Hon'ble Court in Suo Motu Writ Petition (C) No.3 of 2020ii) Allow the the present Application by restoring the order dated 27.04.2021 passed by this Hon'ble Court in M.A.No.665 of 2021, in suo motu Writ Petition No (C) No.3 of 2020: andiii) Pass such other order or orders as this Hon'ble Court may deem fit and property ''4.1 Therefore, it is submitted by the learned Special Government Pleader that taking into consideration of the extension of limitation period by the Hon'ble Supreme Court, referred to supra, this Court may pass appropriate orders and the same would be complied with by the respondents in letter and spirit. 5. Heard Mr.K.Premkumar, the learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader (T) for the respondents and perused the materials available on record. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 20256. As rightly pointed out by the learned Special Government Pleader for respondents, in the present case, though the petitioner's application for Reference was made on 19.08.2022, though in terms of Section 20 of the Act 34 of 2002) the same is barred by limitation, in the light of extension of period of limitation by the Hon'ble Supreme Court, in the case referred to supra, this Court is of the view that the respondents would not have any impediment to consider the petitioner's application for reference. 7. Accordingly, this Writ Petition is disposed of with a direction to the third respondent to refer the petitioner's application/objection before the competent Authority/Reference Court within a period of 30 days from the date of receipt of a copy of this order. No costs. 10.10.2025sdIndex : yes/noNeutral Citation : yes/no6/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 2025To1 THE DISTRICT COLLECTOR, RANIPET DISTRICT, RANIPET-632 401.2 THE DISTRICT REVENUE OFFICER, (LAND ACQUISITON) O/O.COLLECTORATE RAIPET.3 THE SPECIAL DISTRICT REVENUE OFFICER (LAND ACQUISITION AND MANAGEMENT) O/O.DISTRICT COLLECTORATE, VELLORE VELLORE DISTRICT-632 009.4 THE SPECIAL TAHSILDAR (LAND ACQUISITION FOR HIGHWAYS ARCOT ARNI BY PASS ROAD) NOW MERGED WITH SPECIAL TAHSILDAR (L. A) CHENNAI-KANIYAKUMARI INDUSTRIAL CORRIDOR ARAKKONAM RANIPET.7/8 https://www.mhc.tn.gov.in/judis W.P.No.32286 of 2025 Krishnan Ramasamy,J.,sdW.P.No. 32286 of 2025 10.10.20258/8