Shanmugasundaram.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.1695 of 2022 and W.M.P(MD)No.22377 of 2022 M.Shanmugasundaram ... Petitioner .Vs.
1.The District Collector, Office of the District Collector, Dindigul - 624 004.
2.The Deputy Revenue Officer, Office of the Deputy Revenue Officer, Palani - 624 601.
3.The Special District Revenue Officer, Office of the Special District Revenue Officer, National Highways Authority of India, Chettinayakapatti, Dindigul District.
5.The Taluk Head Surveyor, Office of the Taluk Surveyor, Palani - 624 601.
... Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to conduct the resurvey in field of wrongly acquired(North side instead of south side) Petitioner land located at S.Nos.1215/1B2(S.D.No. 1215/1B2B) at Periyakallakattupuravi Village, Palani Taluk, Dindigul District to an extent of 0.38.5 hectares and fix the boundaries and to pass a suitable compensation for the wrongly acquired land to the Petitioner.
(Pryaer amended as per order of this Court made in W.M.P(MD)No.13443 of 2025 in W.P(MD)No.1695 of 2022, dated 11.07.2025) For Petitioner : Mr.B.Mohamed Kalibullah For Respondents : Mr.M.Gangatharan 1 to 5 Govt. Advocate
O R D E R
The Petitioner herein seeks a direction to the third respondent to conduct survey of the acquired land in S.Nos. 1215/1B2(S.D.No.1215/1B2B) at Periyakallakattupuravi Village, Palani Taluk, Dindigul District and pay suitable 2/7
compensation to the Petitioner in respect of the wrongly acquired land.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is the case of the Petitioner that the respondents issued notification for acquisition of portion of his property situated in the above mentioned survey numbers for the purpose of laying public road in Palani Town. At the time of laying road, the respondents laid road to a larger extent including the un-acquired Petitioner's land situated on the north and south of the acquired strip of land. Therefore the Petitioner submitted a representation before the first respondent on 11.01.2024 seeking compensation for the portion of the un-acquired land over which road was laid. The same has not been considered so far. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.
3/7
4.Mr.M.Gangatharan, learned Government Advocate appearing for the respondent 1 to 5 would submit the representation submitted by the Petitioner will be considered on its own merits within the time stipulated by this Court. 5.In view of the same, without expressing any opinion on the merits of the matter, the fourth respondent is directed to survey the subject property, find out the extent of excess land of the Petitioner utilized for laying road and file a report before the first respondent within a period of four weeks from the date of receipt of a copy of this order. The first respondent shall forward the representation submitted by the Petitioner on 11.1.2022 along with report of the fourth respondent to the second respondent within a further period of four weeks thereafter. The second respondent shall consider the representation of the Petitioner , dated 11.1.2022 in the light of the report of the fourth respondent and pass final orders on its own merits within a period of 12 weeks from the date of receipt of representation along with report from the first 4/7
respondent.
6.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
11.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Office of the District Collector, Dindigul - 624 004.
2.The Deputy Revenue Officer, Office of the Deputy Revenue Officer, Palani - 624 601.
3.The Special District Revenue Officer, Office of the Special District Revenue Officer, National Highways Authority of India, Chettinayakapatti, Dindigul District.
5.The Taluk Head Surveyor, 5/7
Office of the Taluk Surveyor, Palani - 624 601.
S.SOUNTHAR.,J.
6/7
vsn ORDER MADE IN W.P(MD)No.1695 of 2022 and W.M.P(MD)No.22377 of 2022 11.07.2025 7/7