M.John Durai v. The Secretary To Government Of Tamil Nadu
IN THE HIGH COURT O
F JUDICATURE AT MADRAS DATED : 11.12.2025
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No. 24642 of 2025 and W.M.P.Nos.27774, 27779 & 27782 of 2025 1.M.John Durai 2.M.Selvakumaran 3.S.Gnanaraj Paul Pandian 4.N.Malarkodi 5.E.Lakshmiammal 6.K.V.Krishnamoorthy 7.A.Kalasha 8.Jayanthilal Jain 9.R.Shenbagadevi 10.J.Chitra
...Petitioners
Vs.
1.The Secretary to Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.
2.The Special Tahsildar, Land Acquisition, Unit-III, Highways Department, Little Mount, Anna Salai, Chennai - 600 015.
3.The Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project-III, Chennai - 600 056.
4.The Special District Revenue Officer (Land Acquisition and Maintenance) Highways Department, District Collector Office, Chennai Office, Guindy Unit, Chennai - 600 001.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of declaration, to declare the acquisition proceedings initiated under Notification vide G.O.268 Highways and Minor Ports (HW2) dated 13.08.2010 on the file of the 1st Respondent issued under section 15(1) of the Tamilnadu Highways Act, 2001 (Tamilnadu Act 34) and notices issued by the 3rd Respondent on file No. Na.Ka.412/2007/A1 dated 22.01.2011in respect of the lands belonging to the petitioners comprised in S.Nos.12, 52, 5, 32, 33, 2, 4, 1, 10 and 2 situated in Alandur Village, Chennai District, become lapsed, by virtue of the operation of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioners : Mr.P.V.Balasubramaniam Senior Advocate for Mr.S.V.Vijayprashanth
For Respondents : Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.P.Sathish Additional Government Pleader
O R D E R
This Writ Petition has been filed for a declaration that the acquisition initiated under notification bearing G.O.No.268 Highways and Minor Ports (HW2) dated 13.08.2010 has lapsed under Section 24(2) of act 30 of 2013. 2.The first acquisition is in respect of road widening of Mount Madipakkam Road. A second acquisition regarding a subway was initiated in 2022. It is common ground between the parties that the petitioners are in possession of the relevant lands as on date. As regards the second acquisition, compensation has been determined in accordance with Act 30 of 2013 by fixing a base date in 2022. The petitioners have submitted letters dated 23.07.2025 to the Special District Revenue Officer (Land Acquisition and Maintenance) to the effect that Award No.2 of 2013 dated 20.12.2013 was received for the first time by all the petitioners on 23.07.2025.
3. Learned Senior Counsel for the petitioners submits that the petitioners agree to receive compensation determined as per Act 30 of 2013 with the same base date as that adopted for the second acquisition.
4. Considering the above facts and circumstances, it would be just and appropriate that compensation be determined in respect of the first acquisition in the same manner as it was determined in respect of the second acquisition. The respondents are directed to adopt the same base date in respect of the first acquisition also.
5. With the above observations, this Writ Petition is disposed of without any order as to costs. Consequently, connected miscellaneous petitions are closed.
11.12.2025 NCC: No Index : No Speaking Order : Yes kkn
To 1.The Secretary to Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.
2.The Special Tahsildar, Land Acquisition, Unit-III, Highways Department, Little Mount, Anna Salai, Chennai - 600 015.
3.The Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project-III, Chennai - 600 056.
4.The Special District Revenue Officer (Land Acquisition and Maintenance) Highways Department, District Collector Office, Chennai Office, Guindy Unit, Chennai - 600 001.
SENTHILKUMAR RAMAMOORTHY, J.
KKN W.P.No. 24642 of 2025 11.12.2025