✦ Madras High Court

Judgment · High Court

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Case at a glance

Outcome

Disposed of

Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to first respondent to consider the applications/appeals of the petitioners dated 19

Key paragraphs

  • Para 66. The learned Government Advocate appearing for the respondents would submit that the applications/appeals of the petitioners dated 19.03.2022 would be considered and appropriate orders would be passed within a period of four weeks._____________Page No. 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 20237. Recording the…

Judgment

W.P.(MD) No.10844 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 07.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.SURENDERW.P.(MD) No.10844 of 2023andW.M.P.(MD) No.9515 of 20231.N.Shanthi2.Seetha Lakshmi3.R.Ravi4.Chandiran... PetitionersVs.

1.

The District Collector, Collectorate, Ramanathapuram District.

2.

The competent Authority and Special District Revenue Officer (LA), National Highways, Ramanathapuram District.

3.

The Special Thasildar (LA), National Highways (NH-49) Unit I (Old Project), Paramakudi, Ramanathapuram 623 707.... Respondents_____________Page No. 1 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 2023 Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to pass appropriate orders on the petitioners’ applications/appeals dated 19.03.2022 filed under Section 3G(5) of the National Highways Act 1956 for the petitioners’ land comprised in Survey Nos.536/9A, 536/9A1A2, 534/5A1 and 535/1B (535/18A1B) situated at Kattuparamakudi Village, Paramakudi Taluk, Ramanathapuram District by determining the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and following the procedures contemplated under Arbitration and Conciliation Act 1996 after providing adequate opportunity to the petitioners within a time stipulated by this Court.

For Petitioners: Mr.M.RajaFor Respondents: Mr.D.S.Nedunchezhian Government AdvocateO R D E RThis Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to pass appropriate orders on the petitioners’ applications/appeals dated 19.03.2022, filed under Section 3G(5) of the National Highways Act, 1956, in respect of the petitioners’ lands comprised in Survey Nos.536/9A, 536/9A1A2, 534/5A1 and 535/1B (535/18A1B), situated at Kattuparamakudi Village, Paramakudi Taluk, _____________Page No. 2 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 2023 Ramanathapuram District, by determining the compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and by following the procedure contemplated under the Arbitration and Conciliation Act, 1996, after providing adequate opportunity to the petitioners, within a time frame to be stipulated by this Court.

2. The case of the petitioners is that the Government of India acquired the petitioners’ land for the widening of National Highway No.49 Extension (Madurai – Paramakudi - Ramanathapuram Division) by issuing a notification under Section 3A of the National Highways Act, 1956, published in Gazette No.554, S.O.637(E), dated 29.03.2012.3. Thereafter, the second respondent passed Award No.45/2014–2015 dated 15.12.2014, bearing proceedings Na.Ka./The. Na.49/AlaguV/195/2013, fixing the compensation for the acquired land at Rs.1,377/- per sq. metre. After fixation of compensation, the second respondent remitted the said amount to the petitioners. However, a copy of the said award dated 15.12.2014 was not served on the petitioners._____________Page No. 3 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 20234. Subsequently, on an application made by the petitioners to the third respondent under the Right to Information Act, 2005, a copy of the award was furnished to them.

On receipt of the same, the petitioners filed applications/appeals dated 19.03.2022 before the first respondent under Section 3G(5) of the National Highways Act, 1956, seeking determination of compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by following the procedure contemplated under the Arbitration and Conciliation Act, 1996.

5.

Since the said applications/appeals have not been considered and disposed of, the petitioners were constrained to file the present Writ Petition.

Operative part

6.

The learned Government Advocate appearing for the respondents would submit that the applications/appeals of the petitioners dated 19.03.2022 would be considered and appropriate orders would be passed within a period of four weeks._____________Page No. 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 20237. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to first respondent to consider the applications/appeals of the petitioners dated 19.03.2022 on its merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that before passing any order on the said applications, the petitioners shall be afforded an opportunity of hearing. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.[K.SURENDER, J.] 07.01.2026 JENIndex : Yes / NoInternet : Yes / NoNeutral Citation : Yes / NoTo1.The District Collector, Collectorate, Ramanathapuram District. 2. The competent Authority and Special District Revenue Officer (LA), National Highways, Ramanathapuram District._____________Page No. 5 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 20233.The Special Thasildar (LA), National Highways (NH-49) Unit I (Old Project), Paramakudi, Ramanathapuram 623 707._____________Page No. 6 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.10844 of 2023K.SURENDER , J. JENW.P.(MD) No.10844 of 2023 07.01.2026_____________Page No. 7 of 7

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to first respondent to consider the applications/appeals of the petitioners dated 19

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Arbitration and Conciliation Act, 1996; National Highways Act, 1956 — s. 3A; Right to Information Act, 2005.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Madras High Court or eCourts case status. ← Search more judgments