T.K.Gnanasekaran v. The Director Of Town And Country Planning Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY T.K.Gnanasekaran ..Petitioner(s) Vs.
1. The Director of Town & Country Planning Authority, CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.
2. The Member Secretary, Salem Town Planing Authority, 5/601-B, Balaji Nagar, Subramaniya Nagar, 1st Gate, Salem- 636 005.
3. The Commissioner, Salem Municipal Corporation, Salem- 636 001.
4. The District Collector, Salem- 636 001.
5. The Thasildar, Salem Taluk, Hasthampatti, Salem- 636 007.
..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents to pay the just compensation for the petitioner's land measuring about 3000 sq.ft in S.No.72 and 73, Block No.14, Ward B, Shankar Nagar, Kumarasamipatti Village, Salem
Taluk, which was taken possession for formation of the F2 F2 40" Scheme Road for Periyeri Town Planning Scheme in Salem Town on the basis of the market value of the property.
For Petitioner(s):
Mr.P.Jagadeesan For Respondent(s):
Mrs.S.Anitha Special Government Pleader for R1, R2, R4 & R5 Ms.Devi Standing Counsel for R3
ORDER
This Writ Petition has been filed seeking issuance of writ of mandamus, directing the respondents to pay the just compensation for the petitioner's land measuring about 3000 sq.ft in S.No.72 and 73, Block No.14, Ward B, Shankar Nagar, Kumarasamipatti Village, Salem Taluk, which was taken possession for formation of the F2 F2 40" Scheme Road for Periyeri Town Planning Scheme in Salem Town on the basis of the market value of the property.
2. The learned counsel appearing for the petitioner would submit that the petitioner's land was taken possession and road was laid by the 3rd respondent without payment of any compensation. He would further submit that notice for acquisition was also issued without following the mandatory requirement under the law. Therefore, he has given a representation dated 24.05.2024 for the purpose of payment of compensation. Since the same is not considered, the
present writ petition is filed.
3. The learned counsel appearing for the official respondents would submit that the compensation payable to the petitioner is required to be determined by the 4th respondent and the same will be decided within a period of twelve weeks.
4. Heard the learned counsel appearing for the petitioner as well as the respondents.
5. Admittedly, the petitioner's land was acquired for laying road and no compensation was determined so far. Therefore, it is the duty of the authorities concerned to determine the compensation at the earliest and pay the same to the petitioner. Certainly, the petitioner is entitled to market value as of today and also entitled to compensation under the Right to Fair Compensation Act.
6. Such being the case, taking into consideration all these aspects, the 4th respondent is directed to dispose of the petitioner's representation dated 24.05.2024 and pass appropriate orders, determining the compensation payable to the petitioner's land, within a period of twelve weeks from the date of receipt of a copy of this order.
7. This Writ Petition is disposed of with the above terms. No costs. 06-04-2026 Index: Yes/No Speaking/Non-speaking order KKN
To
1. The Director of Town & Country Planning Authority, CMDA Complex, E & C Market Road, Koyambedu, Chennai- 600 107.
2. The Member Secretary, Salem Town Planing Authority, 5/601-B, Balaji Nagar, Subramaniya Nagar, 1st Gate, Salem- 636 005.
3. The Commissioner, Salem Municipal Corporation, Salem- 636 001.
4. The District Collector, Salem- 636 001.
5. The Thasildar, Salem Taluk, Hasthampatti, Salem- 636 007.
KRISHNAN RAMASAMY, J.
KKN 06-04-2026