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Madras High CourtWP/11309/2024disposed of

Muthubala Krishnan Suyambulingam v. The Chief Engineer - Pwd- Wro

2026-03-25Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Muthubala Krishnan Suyambulingam S/o. Suyambulingam , No. 16 Poonga Street , Panchayat Colony, Pammal, Chennai 75 Kancheepuram District Petitioner(s) Vs

1. The Chief Engineer - Pwd- Wro Chennai Region- Palar Basin Circle , Chepauk Chennai 05 2.The Executive Engineer- Pwd- Wro Water Resource Department, Lower Palar Basin Division, Vadi Nila Kottam, Kancheepuram District 3.The Assistant Executive Engineer - Pwd- Wro Gst Road, Near Taluk Police Station, Jck Nagar, Chengalpattu, Pin Code 603 002 Chengalpattu District 4.The Assistant Engineer Public Works Department No. 6/356 Atlee Street, David Nagar, Mudichur- Tambaram- Walajabad Road, Padappai, Chennai 601 301 Kancheepuram District 5.The District Collector 6.District Revenue Officer

7.The Divisional Engineer Highways Department, (construction And Maintenance) ***R5 to 7 are impleaded as per order dated 25.03.2026 passed in WMP.No.1492 of 2025 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay compensation for having utilized the land measuring 550 square meters (13.58 cents ) out of 1213 square meter (29.96 cents) of land situated in Ward No. D, Block No.1, comprised in Town Survey No. 1/5 Old survey No. 6/2A bearing Old Patta No. 2241 in Village No. 133, Kishkinda Road, Tambaram Taluk, Kancheepuram District in terms of the provisions contained under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also to provide access to enable the petitioner to reach his remaining land measuring 663 square meter (16.38 cents) within a time limit that may be specified by this Honble court.

For Petitioner(s) Mr.R.Dakshian Murthy For Respondent(s):

Mr.C.Gowthamaraj, GA

ORDER

This writ petition has been filed to direct the respondents to pay compensation for having utilized the subject land.

2. The learned counsel for the petitioner would submit that in this case, the petitioner's land was put into use by PWD for the purpose of providing a

canal to drain the excess water. However, they had not acquired the subject land by following due process of law. Further, he would contend that the petitioner was not given any access to enter into the remaining portion of the subject land.

3. Today, the learned counsel for the respondents would fairly admitted that the subject land is utilised by the PWD for the purpose of providing a canal to drain the excess water. However, he would also submit that the acquisition proceedings are initiated and forwarded to the appropriate Authorities for passing of orders. Hence, he seeks for 8 weeks time.

4. Heard the learned counsel for the petitioner and the respondent and also perused the entire materials available on record.

5. In the case on hand, there is no dispute on the aspect that the petitioner's land is being utilised by Public Works Department for the purpose of providing a canal to drain the excess water. In such case, the respondent is supposed to have acquired the said land by following due process of law. However, without doing so, the respondents are simply utilising the subject land as a water channel, which is not proper.

6. In view of the above, the respondents 6 & 7 are directed to acquire the subject land by following due process of law within a period of 8 weeks from

the date of receipt of a copy of this order. Thereafter, the compensation for the acquired portion shall be determined within a period of 4 weeks from the date of acquisition. Further, it is made clear that the petitioner is also entitled for interest on the compensation amount, to be determined, from the date of utilisation of subject land by PWD till the date of deposit of the said amount.

7. With the above directions, this writ petition is disposed of. No cost.

8. Post this matter on 15.06.2026 for reporting compliance. 25-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Chief Engineer - Pwd- Wro Chennai Region- Palar Basin Circle , Chepauk Chennai 05 2.The Executive Engineer- Pwd- Wro Water Resource Department, Lower Palar Basin Division, Vadi Nila Kottam, Kancheepuram District

3.The Assistant Executive Engineer - Pwd- Wro Gst Road, Near Taluk Police Station, Jck Nagar, Chengalpattu, Pin Code 603 002 Chengalpattu District 4.The Assistant Engineer Public Works Department No. 6/356 Atlee Street, David Nagar, MudichurTambaram- Walajabad Road, Padappai, Chennai 601 301 Kancheepuram District 5.The District Collector 6.District Revenue Officer 7.The Divisional Engineer Highways Department, (construction And Maintenance) Kancheepuram District.

KRISHNAN RAMASAMY J.

nsa 25-03-2026