D.Hemachandra Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D. Hemachandra Reddy ... Petitioner Vs.
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The District Revenue Officer, Thiruvallur District, Thiruvallur.
3. The Special Tahsildar (Land Acquisition), Minjur-Kattur-Thirupalaivanam Rail Over Bridge Road, Tamil Nadu Urban Development Office, No.1, New Street, Super Bazar Commercial Complex, Alandur, Chennai 600 016.
4. The Special District Revenue Officer, Land Acquisition Officer, Maintenance and Administration, Highways Department, HRS Campus, No.76, Sardar Patel Road, Guindy, Chennai 600 025.
5. The Special District Revenue Officer (LA), DE Office Campus, No.1/55, Jawaharlal Nehru Road, near Oil Mill, Thiruvallur 603 001.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents, particularly the 1/6
respondents 4 and 5 herein to refer the dispute with regard to the quantum of compensation to be determined in respect of the petitioner's land in S.No.352/3D at Minjur Village, Ponneri Taluk, Thiruvallur District for necessary reference under section 64 of the New Land Acquisition Act to the Authority namely the Principal District Judge Court at Thiruvallur. For Petitioner : Mr. R. Krishnasamy For Respondents : Mr. A. Selvendran, Spl. G.P.
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, particularly the respondents 4 and 5 herein to refer the dispute with regard to the quantum of compensation to be determined in respect of the petitioner's land in S.No.352/3D at Minjur Village, Ponneri Taluk, Thiruvallur District for necessary reference under Section 64 of the Land Acquisition Act, 2013, to the Authority namely the Principal District Judge Court at Thiruvallur.
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3. It is submitted by the learned counsel for the petitioner that the petitioner's land measuring 1000 sq.mts. comprised in S.No.352/3, Minjur Village, Ponneri Taluk, Thiruvallur District was acquired by the 4th respondent for the purpose of construction of over-bridge. As the compensation given to the petitioner in Award No.11 of 2022 was very very low, the petitioner sent a letter to the 4th respondent to send his objections for necessary reference under Section 64 of the Land Acquisition Act, 2013, before the concerned authority, who is District Judge, Thiruvallur. According to the petitioner, it is the duty of the respondents to refer the dispute under Section 64 of the Land Acquisition Act, 2013, before the authority concerned, however, respondents 4 and 5 did not refer the dispute regarding determination of quantum of compensation to the authority concerned and kept his objections pending without any further action. Hence the present writ petition is filed.
4. At the outset, it is pointed out by the learned Spl. Govt. Pleader that the petitioner has to necessarily take out an application in terms of section 20 of the State Highways Act to work out his remedy and on such application, the respondents would consider the same and pass appropriate orders in accordance with law, which was agreed to by the learned counsel for the petitioner, who seeks liberty of this court to file application under section 20 of 3/6
the State Highways Act.
5. In view thereof, granting such liberty, this writ petition is disposed of by directing the petitioner to make an application in terms of Section 20 of the State High Ways Act to redress his grievance and on such application being filed, the respondents concerned would consider the same, if it is, otherwise in order and pass appropriate orders in accordance with law. No costs. 20.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No msr 4/6
To
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The District Revenue Officer, Thiruvallur District, Thiruvallur.
3. The Special Tahsildar (Land Acquisition), Minjur-Kattur-Thirupalaivanam Rail Over Bridge Road, Tamil Nadu Urban Development Office, No.1, New Street, Super Bazar Commercial Complex, Alandur, Chennai 600 016.
4. The Special District Revenue Officer, Land Acquisition Officer, Maintenance and Administration, Highways Department, HRS Campus, No.76, Sardar Patel Road, Guindy, Chennai 600 025.
5. The Special District Revenue Officer (LA), DE Office Campus, No.1/55, Jawaharlal Nehru Road, near Oil Mill, Thiruvallur 603 001.
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MOHAMMED SHAFFIQ, J.
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