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Madras High CourtWP/43942/2025dismissed

M.Selvi v. The State Represented By

2025-11-19Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.11.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & WMP.No.49671 of 2025 M.Selvi ... Petitioner Vs.

1. The State Represented By The District Collector, Salem

2. The Revenue Divisional Officer Revenue Divisional Office, Ram Nagar, Swarnapuri, Salem 4

3. The Special Thasildar (late Acquisition) Attur National Highway No 68, Narasingapuram Road, Attur, Salem ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, Calling for the records of the order in The. Ne. No 68/ Aa. Va No 277/ RP dated 24.07.2017 of 1st respondnet peruse and quash the same consequently direct the 1st nad 2nd respondents to fix the amount of compensation of 1/7

the petitioners land in Attur Town, Mullaivadi Village, Ward No. 8 block no 21, T.S. no 2/ 5B2 with an extnet of 2782 square meter at the rate of Rs 5,380/- for one square meter For Petitioner : Mr.A.Radhakrishnan For Respondent : Mr.P.Sathish, AGP

ORDER

This writ petition has been filed challenging the impugned order dated 24.07.2017 passed by the 1st respondent.

2. Mr.P.Sathish, learned Additional Government Pleader, takes notice on behalf of the respondents.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the petitioner had purchased the subject property vide sale deed dated on 10.07.2003. Thereafter, in the year 2010, the said property was 2/7

acquired by the National Highways Department and compensation was fixed at the rate of Rs.97/- per sq.m. Aggrieved over the same, the petitioner filed an objection before the 1st respondent on 02.08.2010, in which the aforesaid compensation was confirmed vide impugned order dated 24.07.2017.

5. Further, he would submit that a copy of the impugned order was received by the petitioner as early as in the year 2017 itself. However, she misplaced the said copy in her native, due to which, she was unable to file any appeal against the said order. Under these circumstances, without any other option, now, the present writ petition came to be filed by the petitioner.

6. In reply, the learned Additional Government Pleader appearing for the respondent would submit that in this case, after the passing of impugned order, the award amount was disbursed to the petitioner during the year 2017 itself.

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7. Further, he would contend that the reason assigned by the petitioner for the delay in challenging the impugned order is not acceptable. Therefore, he prays for dismissal of this petition.

8. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and also perused the entire materials available on record.

9. In the case on hand, initially, the petitioner had purchased the subject property vide sale deed dated on 10.07.2003. Thereafter, in the year 2010, the said property was acquired by the National Highways Department, for which the compensation was fixed at the rate of Rs.97/- per sq.m. Aggrieved over the same, the petitioner filed an appeal on 02.08.2010, wherein the aforesaid compensation was confirmed by the 1st respondent vide impugned order dated 24.07.2017.

10. It was submitted by the learned Additional Government Pleader that the petitioner had received the award amount as early as in 4/7

the year 2017. When such being the case, now it is not right on the part of the petitioner to challenge the order dated 24.07.2017 under the pretext that she had misplaced the award copy in her native.

11. Even if the award was misplaced by the petitioner, she should have applied for a copy of the award and challenged the same in the manner known to law. Without doing so, she had filed this petition against the impugned order dated 24.07.2017, after a period of 8 years, which is not acceptable.

12. In view of the above, this Court does not find any merits in this petition and hence, this petition is liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, the connected miscellaneous petition is also closed. No cost. 19.11.2025 Speaking/Non-speaking order Index : Yes / No nsa 5/7

To

1. The State Represented By The District Collector, Salem

2. The Revenue Divisional Officer Revenue Divisional Office, Ram Nagar, Swarnapuri, Salem 4

3. The Special Thasildar (late Acquisition) Attur National Highway No 68, Narasingapuram Road, Attur, Salem 6/7

KRISHNAN RAMASAMY.J., nsa & WMP.No.49671 of 2025 19.11.2025 7/7