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Madras High CourtWP(MD)/2882/2026disposed of

C.Vasanthi v. The Commissioner Of Land Administration,

2026-02-04Honourable Mr.Justice K. Surender8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER C.Vasanthi ... Petitioner Vs.

1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector/ Land Acquisition Officer, Kanyakumari District, Nagercoil.

3.The Deputy General Manager, Railway Vikaz Nigam Ltd., Palayamkottai, Tirunelveli.

4.The Deputy Chief Engineer (Construction), Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivandrum, Kerala State - 695 014.

5.The Special District Revenue Officer, Office of District Revenue Officer, Nagercoil, Page No. 1 of 8

6.The Revenue Divisional Officer, Revenue Divisional Officer, 7.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

8.The Special Tahsildar, Office of Special Tahsildar, (Land Acquisition (Railway), Tiruvananthapuram - Kanniyakumari Division, Wing No.2, Alagiyamandapam, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the respondents from compelling the petitioner to sign the consent deed towards receipt of compensation amounts towards acquisition of the lands belong to the petitioner to an extent of about 16.5 Cents (0.11.50 Hectares) comprised in Re-Survey No.176/11A, and 3.5 Cents (0.02.00 Hectares) comprised in Re-Survey No.176/12A, Nallur Village, Vilavancode Taluk and Kanyakumari District and to pass suitable orders to refix/redetermine proper compensation, by strictly adhering to the provisions under Sections 26, 27, 28, 29 and 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.Aravinthan Page No. 2 of 8

For R1, R2, R5 to R8 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus forbearing the respondents from compelling the petitioner to sign any consent deed for receipt of compensation amounts towards the acquisition of the petitioner's lands to an extent of about 16.5 cents (0.11.50 hectares) comprised in Re-Survey No.176/11A and 3.5 cents (0.02.00 hectares) comprised in Re-Survey No.176/12A, situated at Nallur Village, Vilavancode Taluk, Kanyakumari District and to pass suitable orders to refix/redetermine the proper compensation by strictly adhering to the provisions of Sections 26, 27, 28, 29 and 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a time frame as may be fixed by this Court.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself. Page No. 3 of 8

3. The grievance of the petitioner is that the subject lands were allotted to the petitioner pursuant to a partition deed executed among the legal heirs of the petitioner's father. The Central Government, as well as the Southern Railway, had decided to extend the double-line railway track from Thiruvananthapuram to Kanyakumari via Kuzhithurai. However, except for the measurements taken by the revenue authorities, till date, no notice of enquiry has been issued to any of the persons interested, as stipulated under Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. The revenue authorities are insisting that the petitioner sign a consent deed which includes the particulars of the petitioner's land. The petitioner's sister, whose lands are situated on the southern side of the petitioner's lands, was paid compensation at the rate of Rs.9,690/- per sq. metre. In the communication addressed to the petitioner's sister, details relating to the compensation determined for the lands belonging to the petitioner were also mentioned, which are much lower than the compensation paid to the petitioner's sister. Page No. 4 of 8

5. The revenue authorities, without following the due procedure, have fixed the compensation arbitrarily. Therefore, the petitioner submitted a representation dated 22.08.2025 to the first, second and eighth respondents seeking proper determination of compensation for the lands sought to be acquired. However, no response has been received from them. Hence, the petitioner has been constrained to file the present Writ Petition.

6. The learned Special Government Pleader appearing for the first, second and fifth to eighth respondents, on instructions, would submit that notice would be issued to the petitioner and that all the procedures laid down for the acquisition of lands and for fixation of compensation would be duly followed.

7. Recording the above submission and without expressing any opinion on the merits of the matter, a direction is issued to the respondents to follow all the procedures laid down for the acquisition of land and for fixation of compensation in the acquisition proceedings. Any continuation of further proceedings without following the due procedure would be impermissible.

Page No. 5 of 8

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

[K.SURENDER, J.] 04.02.2026 JEN Index : Yes / No To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector/ Land Acquisition Officer, Kanyakumari District, Nagercoil.

3.The Deputy General Manager, Railway Vikaz Nigam Ltd., Palayamkottai, Tirunelveli.

4.The Deputy Chief Engineer (Construction), Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivandrum, Kerala State - 695 014.

5.The Special District Revenue Officer, Office of District Revenue Officer, Nagercoil, Page No. 6 of 8

6.The Revenue Divisional Officer, Revenue Divisional Officer, 7.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

8.The Special Tahsildar, Office of Special Tahsildar, (Land Acquisition (Railway), Tiruvananthapuram - Kanniyakumari Division, Wing No.2, Alagiyamandapam, Page No. 7 of 8

K.SURENDER , J.

JEN 04.02.2026 Page No. 8 of 8