S.Dhanapal v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Dhanapal Petitioner(s) Vs 1.The State of Tamilnadu, Represented by its Secretary, Highways Department, Fort St. George, Chennai-600 009.
2.The Collector, District Collectorate, Coimbatore District, Coimbatore.
3.The District Revenue Officer, Coimbatore District, Coimbatore.
4.The Special District Revenue Officer, Land Acquisition and Development Unit, Coimbatore.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 4th respondent to consider the petitioner's representations dated 05.05.2023 and 31.12.2024. For Petitioner(s) : Mr.T.Mohan Senior Advocate for Ms.S.S.Jayanthi 1/4
For Respondent(s) : Mr.A.Selvendran Special Government Pleader
ORDER
The present writ petition is filed praying for a writ of Mandamus to consider petitioner's representations dated 05.05.2023 and 31.12.2024, wherein petitioner sought for fixation of compensation based on Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as per market value in respect of acquisition of petitioner's property vide Notification dated 17.09.2011.
2. It is submitted by the learned counsel for petitioner that petitioner submitted the aforesaid representations only for the purpose of fixation of compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (revised Act of 2013) as per market value. He would further submit that neither the compensation has been paid nor have possession been taken and thus acquisition proceedings itself may have lapsed.
3. This Court is not inclined to go into the above question, it is open to the petitioner to redress grievance, if any, in the manner known to law, if so advised. 2/4
4. Learned Senior Advocate appearing for the petitioner would submit that all right available to them may be preserved. The same is recorded.
5. Writ petition stands disposed of. The 4th respondent shall consider and dispose of petitioner's representation after affording a reasonable opportunity of hearing to the petitioner, within a period of 6 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. Rights that are available to the petitioner shall be preserved. No costs. 21.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Secretary, Highways Department, Fort St. George, Chennai-600 009.
2.The Collector, District Collectorate, Coimbatore District, Coimbatore.
3.The District Revenue Officer, Coimbatore District, Coimbatore.
4.The Special District Revenue Officer, Land Acquisition and Development Unit, Coimbatore.
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MOHAMMED SHAFFIQ, J.
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