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Madras High CourtWP/21194/2025closed

Kaliyappan v. The District Collector

2025-07-08Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.23935 of 2025 Kaliyappan Petitioner(s) Vs 1.The District Collector O/o of the District Collectorate, Ranipet District, Ranipet 632 403.

2.The Special District Revenue Officer(L.A.), Tamil Nadu Road Development Project-II, Chennai-Kanyakumari Industrial Corridor Project, Guindy-600 032.

Presently functioning at O/o. The District Collectorate, Kancheepuram District, Kancheepuram.

3.The Special Tahsildar (L.A.), Chennai-Kanniyakumari Industrial Corridor Project, Arakkonam Unit, Bharathi Street, Suvalpet, Arakkonam, Ranipet District-631 003.

4.The Deputy Director, Town and Country Planning Department, No.239, Phase-II, Sathuvachari, Vellore-632 001.

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5.The Panchayat President, Thanigaipolur Panchayat, Arakkonam Union, Ranipet District - 631 003.

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 the appropriate compensation amount to the petitioner on determining the value of the land of the petitioner by undergoing the process of fixing the market value to be multiplied into 3 times as per the provisions of the Tamil Nadu Highways Act 2001 and the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 on taking into consideration of the market value of the land thereby pay the 33% deducted amount from the compensation fixed as per award dated 13.09.2021 with 100% solatium with admissible rate of interest by way of compensation payable to the petitioner in respect of the petitioner's Plot Nos.

53 and 65 "Sri Mahalakshmi Nagar" presently "Sri Lakshmi Nagar" in S.Nos.335/48D and 335/48E, Thanigaipolur Village, Arakkonam Taluk, Ranipet District in an extent of 240 sq.metre pursuant to the representation of the petitioner dated 13.06.2022 made to the respondents 1 to 3 within the time frame fixed by this Court.

For Petitioner(s) : Mr.K.Venkataramani Senior Advocate for Mr.S.Srinivasan For Respondent(s) : Mr.P.Sathish Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of Mandamus to direct the respondents to conclude the enquiry and pass orders on the application dated 25.03.2024 under Section 3H(5) of the National Highways Act, 2/6

1956.

3. It is submitted by the learned counsel for petitioner that subsequent to the receipt of the representation the District Collector had directed the Special Tahsildar to take appropriate action on the above representation vide proceedings dated 07.07.2020, and that thereafter there has not been any progress. Hence, this writ petition.

4. It is submitted by Mr.P.Sathish learned Additional Government Pleader for respondents would submit that the Special Tahsildar would consider and pass appropriate orders after affording the petitioner a reasonable opportunity of hearing and thereafter submit a report to the District Collector, who on receipt of such report would take appropriate action. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the Special Tahsildar to consider and pass appropriate orders after affording the petitioner and other interested parties a reasonable opportunity of hearing and thereafter submit a report to the District Collector, who on receipt of such report shall take appropriate action. It is made clear that this Court has not expressed 3/6

any views with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The District Collector O/o of the District Collectorate, Ranipet District, Ranipet 632 403.

2.The Special District Revenue Officer(L.A.), Tamil Nadu Road Development Project-II, Chennai-Kanyakumari Industrial Corridor Project, Guindy-600 032.

Presently functioning at O/o. The District Collectorate, Kancheepuram District, Kancheepuram.

3.The Special Tahsildar (L.A.), Chennai-Kanniyakumari Industrial Corridor Project, Arakkonam Unit, Bharathi Street, Suvalpet, Arakkonam, Ranipet District-631 003. 4.The Deputy Director, Town and Country Planning Department, No.239, Phase-II, Sathuvachari, Vellore-632 001.

5.The Panchayat President, Thanigaipolur Panchayat, Arakkonam Union, Ranipet District - 631 003.

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MOHAMMED SHAFFIQ, J.

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