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Madras High CourtWP/3505/2026disposed of

K.Raju v. The Project Director,

2026-02-12Honourable Mr Justice Senthilkumar Ramamoorthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.K.Raju 2.K. Ayavau 3.Rani 4.Ramaswamy 5.Ponmalai 6.Venkatachalam 7.Rasappan 8.Palanivel 9.Venkatachalam 10.Elangovan 11.Subramanian 12.Kalimuthu 13.Sengodagounder 14.Nallaiyagounder 15.Jayaraman 16.Sri Ranganathan 17.Periyasamy 18.Perumayee 19.Ponnupaiyan @ Sengoda Gounder 20.Ravichandran 21.Sekar 22.Kumar 23.Manimuthu 24.K. Manickam 25.A. Sengottaiyan 26.S.Thenmozhi 27.S. Ramamoorthy 28.R. Selvam 29.S.Santhi 30.Selvan 31.Saravanan 32.Chitra 33.T. Chandira 34.Chandira 1/7

35.Kavitha 36.Janaki 37.President Society Congregation Sisters of St. Joseph Cluny Fatima Convent Line Medu Gugai Salem 636 006.

38.Thangarajan 39.D. Venkatesan 40.Jayamani Kamaraj 41.Valarmathi 42.Sri Muruganandha Sathu Sabai Madalayam Sri Dakshinamoorthy Thirukoil Iraipani Mandra Committee Sri Dakshinamoorthy Temple Seelanaickenpatti Post Salem 636 201.

43.K. Raju (HUF) .. Petitioners vs 1.The Project Director, National Highways Authority of India, National Highways -7 47 and 68, 212/3-D-3-1 Srinagar Colony Narasothipatti Salem - 636 004.

2.Special District Revenue Officer, National Highways -7 47 Salem , Krishnagiri District, Krishnagiri 635 001.

3.Special District Revenue Officer, National Highways 68 Room No.414 Salem Collectorate Office Salem 636 001.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the respondents herein to consider the representation of the petitioners dated 06.06.2025 and to pass a reasoned and speaking order on 2/7

merits within a time bound period as may be stipulated by this Court.

For Petitioners :

Mr.R.Venkat Raman for M/s.TATVA Legal Chennai for Mr.B.Ezhil For Respondents :

Mr.Su.Srinivasan for R1 Mr.P.Sathish, Additional Government Pleader for R2 and R3

ORDER

The petitioners had filed W.P.No.34153 of 2017 seeking the benefit of solatium and interest in respect of acquisition under the National Highways Act, 1956. The said writ petition was allowed on 09.02.2018. The National Highways Authority of India (NHAI) filed W.A.No.2693 of 2018 challenging the order dated 09.02.2018. The writ appeal was allowed on 01.04.2019. Challenging the same, the petitioners filed S.L.P.(Civil) No.14942 of 2019. A batch of civil appeals, including S.L.P.(Civil) No.14942 of 2019, were disposed of by a common judgment dated 04.02.2025 directing that solatium and interest be calculated in accordance with the directions issued in Union of India and another vs. Tarsem Singh and Others [(2019) 9 SCC 304). The present writ petition has been filed pursuant thereto after submitting representations to the respondents on various dates from 05.02.2025 to 06.06.2025.

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2. Learned counsel for the petitioners submits that the first petitioner is about 85 years old and that most of the other petitioners are also senior citizens. He, therefore, makes a request that a reasonable time limit be fixed for consideration of the request for payment of solatium and interest.

3. Mr.Su.Srinivasan, learned Standing Counsel, accepts notice for the first respondent and Mr.P.Sathish, learned Additional Government Pleader, accepts notice for respondents 2 and 3.

4. Mr.Su.Srinivasan submits that the petitioners have not provided necessary particulars for the determination of the solatium and interest. If such particulars were to be provided, he submits that the second and third respondents would be in a position to determine the amount payable and that the first respondent would make necessary funds available.

5. Considering the above submissions, this writ petition is disposed of on the following terms:

5.1 Within two weeks from the date of receipt of a copy of this order, the petitioners are directed to 4/7

provide necessary particulars to the second respondent for purposes of determining solatium and interest payable to the respective petitioner; 5.2 Within thirty days from the date of receipt of the above mentioned particulars, the second respondent shall determine the solatium and interest payable to each petitioner;

5.3 Within sixty days therefrom, disbursements shall be made to the petitioners. The first respondent shall deposit the requisite funds with the second respondent sufficiently in advance to enable disbursement within the said time limit;

5.4 The above directions are subject to orders, if any, of the Hon'ble Supreme Court in the review petition filed by the NHAI;

5.5 The respondents herein shall not cite mere pendency of the review petition as a reason for noncompliance with the above directions; 5/7

5.6 Any disbursements made by the respondents to the petitioners shall be subject to an undertaking by the petitioners to refund the amounts, if Hon'ble Supreme Court were to hold against the petitioners subsequently. Any indemnity in this regard, if requested for by the respondents, shall be provided by the petitioners.

There shall be no order as to costs.

12.02.2026 Index:Yes/No mmi To 1.The Project Director, National Highways Authority of India, National Highways -7 47 and 68, 212/3-D-3-1 Srinagar Colony Narasothipatti Salem - 636 004.

2.The Special District Revenue Officer, National Highways -7 47 Salem , Krishnagiri District, Krishnagiri 635 001.

3.The Special District Revenue Officer, National Highways 68 Room No.414 Salem Collectorate Office Salem 636 001.

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SENTHILKUMAR RAMAMOORTHY,J.

mmi 12.02.2026 7/7