← Library
Madras High CourtWP/31512/2024disposed of

Dr.M.N.Kumaresan v. The State Of Tamil Nadu

2026-03-10Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY 1.Dr.M.N.Kumaresan, S/o.M.Nagarajan, No.4, Sullivan Streete, Santhome, Chennai-04.

2.Dr.M.K.Anand S/o. M.Kumaraswamy, No.4, Sullivan Street, Santhome, Chennai- 004.

3.Dr.M.R.Srinivasan, S/o.Late Manali Parthasarathy, No.55, Kasturi Rangan Road, Alwarpet, Chennai- 018.

4.M.Kashok S/o.M.Kumaraswamy, No.4, Sullivan Street, Santhome, Chennai 04.

5.P.Vijayakrishnan S/o.Late Manali Parthasarathy, No.55,kasturi Rangan Road, Alwarpet, Chennai-018.

Petitioner(s) Vs

1. The State Of Tamil Nadu Rep By Its Secretary To Government, The Revenue Department, Fort St.

George, Chennai-09.

2.The District Collector Chennai District Collectorate Ma Singaravelar Maligai, Rajaji Salai, Chennai- 01.

3.The Special District Revenue Officer (land Acquisition), Highways Department, Metropolitan Wing, Alandur, Chennai- 16.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1st and 2nd Respondents herein to refer the Petitioner's claim to the concerned authority for determination of appropriate compensation for acquisition of the petitioners property at East Coast Road, Neelankarai, Chennai- 600 115, comprised in Survey Nos.47/5A1B, 47/5A2B and 88/1, by fixing a time frame for determination and disposal of the petitioners claim for higher compensation before the Authority Constituted, in view of the petitioners representations dated 05-12-2021, 14.02.2022 and 06.04.2023 respectively in accordance with law.

For Petitioner(s):

Mr.J.Ashok For Respondent(s):

Mrs.S.Indhu Bala Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the respondents 1 and 2 herein to refer the petitioner claim to the concerned authority for determination of appropriate compensation for acquisition of the petitioners property at East Coast Road, Neelankarai, Chennai- 600 115, comprised in Survey

Nos.47/5A1B, 47/5A2B and 88/1, by fixing a time frame for determination and disposal of the petitioners claim for higher compensation before the Authority Constituted, in view of the petitioners representations dated 05-12-2021, 14.02.2022 and 06.04.2023 respectively in accordance with law. 2.Learned counsel for the petitioners would submit that though the petitioners land was acquired by the 3rd respondent Department and the compensation was also paid, the petitioner is not satisfied with the quantum of compensation awarded to them. Therefore, they made the representations dated 05.12.2021, 14.02.2022 and 06.04.2023 to the 3rd respondent, seeking for enhancement of compensation.

However, so far no reference has been made to the District Court as per Section 64 of the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, the present writ petition has been filed. 3.Learned Additional Government Pleader appearing for the respondents would submit that they have not received the representations. Hence, he request this Court to direct the petitioners to give fresh representation, in order to refer their claim to the concerned District Court, within a time frame to be fixed by this Court.

4.Heard the learned counsel for the petitioner as well as the learned

Additional Government Pleader appearing for the respondents. 5.Considering the submissions made by either parties, it is evident that since the petitioners are not satisfied with the compensation awarded by the respondents for the lands acquired from them, they have made their representations on 05.12.2021, 14.02.2022 and 06.04.2023 for enhancement of compensation. However, till date the reference has not been made by the respondents to the concerned District Court. According to the 3rd respondent he has not received the representations.

6.In view of the above, this Court directs the petitioner to give fresh representation to the 3rd respondent for enhancement of compensation with regard to the acquisition of the subject properties and on receipt of the same, the 3rd respondent is directed to refer the petitioners' claim for enhancement of compensation to the concerned District Court, within a period of eight (8) weeks from the date of receipt of a copy of this order. 7.With the aforesaid direction, this writ petition is dispose of. No costs. 10-03-2026 rst

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary To Government, State Of Tamil Nadu The Revenue Department, Fort St. George, Chennai-09.

2.The District Collector, Chennai District Collectorate Ma Singaravelar Maligai, Rajaji Salai, Chennai- 01.

3.The Special District Revenue Officer, (land Acquisition), Highways Department, Metropolitan Wing, Alandur, Chennai- 16.

KRISHNAN RAMASAMY J.

rst 10-03-2026