T.T. Ramesh Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.3400 of 2025 T.T.Ramesh Raja ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Special District Revenue Officer (Land Acquisition), Tirunelveli, Tirunelveli District.

3. The Special Tahsildar, (Land Acquisition), SIPCOT, Gangaikondan, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to refer the petitioner's application dated 26.07.2024 seeking enhancement of land compensation to the Competent Court as per Section 8 of Tamil Nadu Act 10 of 1999 in respect of Petitioner's land bearing S.No.1626 measuring to an extent of 2.15.50 hectares in Pirancheri Group IV Village, Maanur Taluk, Tirunelveli District.

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For Petitioner : Mr.Selva Adithya for Mr.G.Prabhu Rajadurai For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

Mr.S.Kameswaran, learned Government Advocate takes notice on behalf of the respondents.

2. Considering the limited relief sought for in the writ petition, with the consent of the parties, the writ petition is taken up for final disposal.

3. The petitioner seeks issuance of a writ of mandamus to direct the 1st respondent to refer the petitioner's application dated 26.07.2024 seeking enhancement of land compensation to the Competent Court in terms of Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999).

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. I have also perused the materials available on record. 2/6

5. I find that though the award was passed on 16.08.2024, there has been an objection even prior to the passing of the order on 26.07.2024. When the said question was put to the learned counsel for the petitioner, he submits that even during the enquiry, the Collector had informed the compensation that is proposed to be fixed for the objected lands and therefore, the petitioner has given his objections on 26.07.2024. It is clear that the amounts to be determined was not acceptable to the petitioner. He therefore, seeks for the said objection being treated as an objection under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999).

6. I also find in the proceedings dated 06.02.2025 bearing e/f/vz;/ myF 6 m1/10/2021, the Special Tahsildar has stated that that as instructed, reference can be made to the Principal District Court, Tirunelveli.

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7. Considering the above, there is no legal impediment for the 1st respondent to refer the petitioner's application dated 26.07.2024, seeking enhancement of compensation to the Principal District Court, Tirunelveli. The said exercise shall be completed by the authorities within a period of eight (8) weeks from today.

8. The writ petition stands disposed of with the above observations and directions. No cost.

06.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector, Tirunelveli District.

2. The Special District Revenue Officer (Land Acquisition), Tirunelveli, Tirunelveli District.

3. The Special Tahsildar, (Land Acquisition), SIPCOT, Gangaikondan, Tirunelveli District.

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P.B.BALAJI , J.

rgm W.P.(MD).No.3400 of 2025 06.02.2025 6/6