R.Sivakumar v. The District Collector/Land Acquisition Officer
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. In view of the above, this Court directs the 3rd respondent to refer the petitioner’s claim for enhancement of compensation through his representations dated 27.02.2023 and 20.09.2023 to the concerned District Court, within a period of eight (8) weeks from the date of receipt…
Judgment
WP No. 37541 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-03-2026CORAMTHE HONOURABLE MR JUSTICE KRISHNAN RAMASAMYWP No. 37541 of 2024R.Sivakumar,S/o Ramasamy Marutha Muthaliyar, Puthutheru (west) Chinnasalem Village And Post, Chinnasalem Taluk, Kallakurichi District. Petitioner(s)Vs1.The District Collector/Land Acquisition Officer,(Project Of Formation Of New Broad Gauge Railway Line, Between Chinna Salem And Kallakurichi), Kallakurichi, Kallakurichi District.
The District Revenue Officer, Kallakurichi, Kalalkurichi District.
The Special Tahsildar ( Land Acquisition),Southern Railways, Kallakurichi, Kalalkurichi District.
The General Manager, Southern Railway, Park Town, Chennai.600 003.(R4-suo Motu Impleaded As Per Order Dated 11.12.2024 In WP.37541/2024 By PTAJ)Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 37541 of 2024PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the 1st respondent herein to resurvey the land and pass additional compensation award for the remaining residential house / buildings measuring a total extent of 0.01.65 Sq. meter comprised in New Survey No 517A / 59B2 measuring an extent of 0.00.43 Sq. meter and New Survey No.517/105B2 measuring an extent of 0.01.22 Sq.meter prorperties situated at Chinnasalem Village, Chinnasalem Taluk and Kallakurichi District by strictly following the procedure contemplated under Section 26 to 30 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act 2013 (Central Act No 30/2013) based on the petitioner’s representations dated 27.02.2023 and 20.09.2023 within a reasonable time to be fixed by this Court.
For Petitioner(s):Ms.A.Tamizhifor Mr.P.RajavelFor Respondent(s):Mr.T.K.SaravananAdditional Government PleaderFor R1 to R3No Appearance For R4ORDERThis writ petition has been filed seeking to direct the 1st respondent herein to resurvey the land and pass additional compensation award for the remaining residential house / buildings measuring a total extent of 0.01.65 Sq. meter comprised in New Survey No 517A / 59B2 measuring an extent of 0.00.43 Sq. meter and New Survey No.517/105B2 measuring an extent of 0.01.22 Sq.meter properties situated at Chinnasalem Village, Chinnasalem Taluk and Kallakurichi https://www.mhc.tn.gov.in/judis WP No. 37541 of 2024 District, based on the petitioner’s representations dated 27.02.2023 and 20.09.2023.2.Learned counsel for the petitioner would submit that though the petitioner’s land was acquired by the respondents and the compensation was also paid, the petitioner is not satisfied with the quantum of compensation awarded to him.
Therefore, he made representations dated 27.02.2023 and 20.09.2023 to the respondents 1 to 3 seeking for enhancement of compensation. However, so far no reference has been made to the District Court as per the provision. Hence, the present writ petition has been filed. 3. Learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner’s case will be referred to the District Court, within a time frame to be fixed by this Court. 4. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3.
Considering the submissions made by either parties, it is evident that since the petitioner is not satisfied with the compensation awarded by the respondent for the lands acquired from him, he has made representations dated 27.02.2023 and 20.09.2023 for enhancement of compensation. However, till https://www.mhc.tn.gov.in/judis WP No. 37541 of 2024date the reference has not been made by the respondents to the concerned District Court.
In view of the above, this Court directs the 3rd respondent to refer the petitioner’s claim for enhancement of compensation through his representations dated 27.02.2023 and 20.09.2023 to the concerned District Court, within a period of eight (8) weeks from the date of receipt of a copy of this order. 7. With the aforesaid direction, this writ petition is dispose of . No costs.10-03-2026rstIndex: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/No https://www.mhc.tn.gov.in/judis WP No. 37541 of 2024To1.The District Collector,(Project Of Formation Of New Broad Gauge Railway Line Between Chinna Salem And Kallakurichi),Kallakurichi, Kallakurichi District2.The District Revenue Officer, Kallakurichi, Kalalkurichi District. 3. The Special Tahsildar ( Land Acquisition),Southern Railways, Kallakurichi, Kalalkurichi District. 4. The General Manager, Southern Railway, Park Town, Chennai.600 003. https://www.mhc.tn.gov.in/judis WP No. 37541 of 2024KRISHNAN RAMASAMY J.rstWP No. 37541 of 2024 10-03-2026
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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