← Library
Madras High CourtWP/34730/2022disposed of

L.Kuppuswamy v. The Arbitrator Cum District Collector

2026-04-01Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP.No.34154 of 2022 L.Kuppuswamy S/o.Lakshmanan, Jakkasamuthiram Village and Post, Palacode Taluk, Dharmapuri District- 636 805.

..Petitioner Vs

1. The Arbitrator cum District Collector, Collectorate Office, Dharmapuri District, Dharmapuri- 636705.

2. Competent Authority / Special District Revenue officer- Land Acquisition National Highways - 844 (Hosur - Royakottai- Dharmapuri Section), Dharmapuri.

3. The Project Director (NH 844 ) National Highways Authority of India, PIU-Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the 1st respondent to dispose of the petitioner's representation dated 10.6.2022, and 20.12.2022 in the light of the law settled by the Honble High Court in various judgements by strictly complying statutory provision Section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and National High ways Act 1956 Section 3 (G) 7 within a time to be stipulated by this Court.

For Petitioner:

Mr.Raja For Respondents:

Mr.R.Subramaniam ACGSC (R1) Ms.S.Indhu Bala (R2) Additional Government Pleader Mr.Su.Srinivasan (R3) Standing Counsel Mr.Sagar Verma (R4)

ORDER

This Writ Petition has been filed seeking a direction to the 1st respondent to dispose of the petitioner's representation dated 10.6.2022, and 20.12.2022 in the light of the law settled by the High Court in various judgements by strictly complying the statutory provision Section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and National High ways Act 1956 Section 3 (G) 7 within a time to be stipulated by this Court.

2. The learned counsel for the petitioner would submit that the 1st respondent had passed an Award on 02.06.2022, with respect to the acquisition of petitioner's land alone. As the 1st respondent has not passed any Award with respect to the well situated in the petitioner's land, the petitioner submitted a representations dated 10.06.2022 to the respondents on 20.12.2022 to appoint an engineer and fix appropriate compensation for the petitioner's well. As the same was not considered till date, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

3. The learned Additional Government Pleader appearing for the respondents would submit that the Award was passed on 02.06.2022, with respect to acquired land of the petitioner and if the petitioner is aggrieved over the same, he can file appropriate application for enhancement of compensation, in the manner known to law.

4. Heard both sides. Perused the records.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing on either side, this Court directs the 1st respondent to consider and pass orders on the representation of the petitioner dated 20.12.2022, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving opportunity of hearing to the petitioner as well as the persons concerned. It is made clear that since the Award with respect to the acquired land of the petitioner was already passed on 02.06.2022, the petitioner is at liberty to file appropriate application seeking enhancement of compensation, if he is so aggrieved.

6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

01-04-2026 Index: Yes/No Speaking/Non-speaking order arr

To

1. The Arbitrator cum District Collector Collectorate Office, Dharmapuri District, Dharmapuri- 636705.

2. Competent Authority / special District Revenue officer- Land Acquisition National Highways - 844 (Hosur - Royakottai- Dharmapuri Section) Dharmapuri.

3. The Project Director (NH 844 ) National Highways Authority of India, PIU-Krishnagiri 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

KRISHNAN RAMASAMY, J.

arr 01-04-2026