Madras High CourtWP/33249/2019dismissed

Munusamy Nattar, v. The District Collector/ Arbitrator,

2026-03-04Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 33712 OF 2019 1.Munusamy Nattar, S/o. Mottai Nattar, No. 38, Thilagar Street, Thiruvallur.

2.M.Lakshmanan, S/o. Mottai Nattar, No. 38, Thilagar Street, Thiruvallur.

Petitioner(s) Vs 1.The District Collector/ Arbitrator, Office of the District Collectorate, Thiruvallur District, Thiruvallur.

2.The Special District Revenue Officer (LA), National Highways - 205, Thiruvallur.

3.The Project Director, National Highways Authority Of India, Sri Tower, 3rd Floor, DP 34 (SP) Industrial Estate, Guindy, Chennai 600032.

(R3 Impleaded Vide Order Dated 22.09.2025 Made In Wmp.22839/2024 In Wp.33249/2019 By GKIJ) Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the

records of the 1st respondent dated 12.07.2017 made in Rc.No. 21026/ 2016/ F3 in so far as the non payment of the amount as per Section 23 (1-A), 23(2) and Section 28 of the Land Acquisition Act, 1894 and the consequential proceedings of the 2n respondent dated 28.12.2017 made in Rc.No. 535/ 2017/ Spl.DRO(LA)/ NH-205, quash the aforesaid orders dated 12.07.2017 and 28.12.2017 and consequently direct the respondents to pay the amount payable under Section 23(1-A) and 23(2) and Section 28 of the Land Acquisition Act, 1894 on the enhanced compensation fixed by the Arbitrator. For Petitioner(s):

Mr.A.Jenasenan For Respondent(s):

Mrs.S.Indhu Bala Additional Government Pleader For R1 Mr.Su.Srinivasan Standing Counsel For R2

ORDER

This writ petition has been filed challenging the award passed by the respondents 1 and 2 dated 12.07.2017 and 28.12.2017 respectively, on the ground that the solatium as well as interest on solatium and the interest on the awarded amount was not paid by the respondents. 2.Learned counsel for the petitioner would submit that the solatium as well as interest on solatium and the interest on the awarded amount for land

acquired from the petitioner was not determined by the respondents. However, in the prayer sought for by the petitioner it has been stated as the respondents have not paid the solatium and the interest.

3.Taking into consideration of the above submissions, it appears that the solatium and the interest for the award amount were not yet determined by the respondents. When the respondents have not at all determined the solatium and interest, the question of payment of the same would not arise. Therefore, the present prayer cannot be entertained. Such being the case, if the petitioner is entitled for solatium and interest on the award amount, the respondents shall consider the same upon filing of any representation for the said purpose by the petitioner.

4.In view of the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector/ Arbitrator, Office of the District Collectorate, Thiruvallur District, Thiruvallur.

2.The Special District Revenue Officer (LA), National Highways - 205, Thiruvallur.

3.The Project Director, National Highways Authority Of India, Sri Tower, 3rd Floor, DP 34 (SP) Industrial Estate, Guindy, Chennai 600 032.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 33712 OF 2019 04-03-2026