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Madras High CourtWP(MD)/723/2026disposed of

Sethupathy v. The District Collector

2026-01-09Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Sethupathy ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Special District Revenue Officer, Land Acquisition, Cauvery - Vaigai Gundaru Special Project, Karur.

3.The Special District Tahsildar (LA) Unit II, Cauvery - Vaigai Gundaru Link Canal Special Project, Kulithalai, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 22.12.2025 and to rectify the errors mentioned in the declaration under section 19(1) and further to determine the Award as per Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

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For Petitioner : M/s.J.Roshini For Respondents : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 22.12.2025, rectify the errors mentioned in the declaration under Section 19(1) and further determine the Award in accordance with Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the properties comprised in Survey Nos.2/19A and 2/19B, situated at Karuppathur Village, Krishnarayapuram Taluk, Karur District, belong to the petitioner and one Bangaru. The first respondent issued a Notification dated 16.02.2022 for Page No. 2 of 6

acquisition of the aforesaid lands, along with several other lands, for the purpose of the Cauvery-Vaigai-Gundaru Project and in the said Notification, it was correctly mentioned that there were 500 coconut trees and 2000 banana trees in the subject property.

4. However, subsequently, the first respondent issued a declaration dated 22.04.2023 under Section 19(1) of the Act, wherein the number of trees was reduced to 239 coconut trees, 1197 banana trees and 3 amla trees, without any verification. Thereafter, on 04.05.2023, the first respondent issued a notice under Section 21 of the Act to conduct the hearing. At that time, the petitioner raised objections with regard to the number of trees. Accordingly, the respondents agreed to rectify the error before passing the Award. However, till date, no action has been taken by the respondents.

5. Further, the valuation of the land for the purpose of determining the Award ought to be fixed in square feet and not in acres, as per the Circular of the Commissioner of Land Administration dated 16.10.2020. The Award is required to be determined in accordance with Sections 26 to 30 of the Act. Therefore, the petitioner submitted a representation dated Page No. 3 of 6

22.12.2025 seeking rectification of the errors mentioned in the declaration under Section 19(1) and determination of the Award in accordance with Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Since the said representation did not evoke any response, the petitioner was constrained to file the present Writ Petition.

6. The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 22.12.2025 would be considered and appropriate orders would be passed within a period of fourteen weeks.

7. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 22.12.2025 on its merits and in accordance with law and pass appropriate orders within a period of fourteen weeks from the date of receipt of a copy of this order. The representation dated 22.12.2025 shall be considered and disposed of after conducting an enquiry. The respondents are also directed to provide a reasonable opportunity during Page No. 4 of 6

such enquiry to the petitioner and the said Bangaru. It is needless to state that any standing crops or trees shall be valued in accordance with law. There shall be no order as to costs.

[K.SURENDER, J.] 09.01.2026 JEN Index : Yes / No Internet : Yes / No To 1.The District Collector, Karur District, Karur.

2.The Special District Revenue Officer, Land Acquisition, Cauvery - Vaigai Gundaru Special Project, Karur.

3.The Special District Tahsildar (LA) Unit II, Cauvery - Vaigai Gundaru Link Canal Special Project, Kulithalai, Karur District.

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K.SURENDER , J.

JEN 09.01.2026 Page No. 6 of 6