Madras High CourtWP(MD)/4489/2026disposed of

P.S.Alagappa v. The Additional Chief Secretary

2026-02-18Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.4489 of 2026 and W.M.P.(MD)No.3750 of 2026 P.S.Alagappa ... Petitioner Vs

1. The Additional Chief Secretary, The Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Commissioner, The Rural Development and Panchayat Raj Department, Panagal Building, Chennai - 600 015.

3. The District Collector / Chairman, The District Rural Development Agency (DRDA), The Rural Development and Panchayat Raj Department, Collectorate, Madurai - 625 020.

4. The Additional Collector (D) / Project Director, District Rural Development Agency (DRDA), The Rural Development and Panchayat Raj Department, Collectorate, Madurai - 625 020.

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5. The District Collector, Collectorate, Madurai District, Madurai.

6. The Revenue Divisional Officer, The Revenue Divisional Office, Madurai - 20.

7. The Tahsildar, The Tahsildar Office, Madurai North Taluk, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of MANDAMUS to direct the respondents 1 to 4 to forebear from further constructing the superstructure namely Kalaighar Anbu Illam situated in Kattapuli Nagar, Thenoor Panchayat, Madurai East Union, Madurai in respect to the petitioner's land measuring 89 cents in S.No.101/ bounded by S.No.101/3B in East and S.No.101/2 in west and S.No. 101/3A in South and S.No.101/1 in North till the same is properly acquired and the fair compensation is paid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For Petitioner : Mr.T.K.Gopalan For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader.

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O R D E R

This Writ Petition is filed seeking a direction to the respondents 1 to 4 to forebear from further constructing the superstructure namely Kalaighar Anbu Illam situated in Kattapuli Nagar, Thenoor Panchayat, Madurai East Union, Madurai in respect to the petitioner's land measuring 89 cents in S.No.101/ bounded by S.No. 101/3B in East and S.No.101/2 in west and S.No. 101/3A in South and S.No.101/1 in North till the same is properly acquired and the fair compensation is paid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal.

3. The learned counsel appearing for the petitioner would submit that for the purpose of constructing Kalaighar Anbu Illam, the petitioner's land has been acquired. However, no compensation has been 3/6

paid by the respondents. Hence, the petitioner has filed a suit in O.S.No. 463 of 2003, seeking for declaration and permanent injunction and the same was dismissed by the trial Court vide judgment dated 26.08.2010. As against the said judgment, the petitioner has filed A.S.No.203 of 2010 and the same was allowed on 17.03.2014 by setting aside the judgment and decree of the trial Court. As against the same, the respondents have not filed any appeal. Therefore, the said judgment has attained finality. However, the respondents have not taken any steps to stop the construction or to pay any compensation. The petitioner has also sent a representation on 25.12.2025 in this regard. However, till date, the said representation has not been considered by the respondents. Hence, the petitioner has filed this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents would submit that the subject property is a poramboku land and therefore, they are not in a position to pay the compensation. However, she would fairly submits that a decree was passed in his favour.

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5. Considering the submissions made by both sides, this Court is of the view that by a judgment and decree dated 17.03.2014 in A.S.No.463 of 2003, the subject property has been declared as petitioner's property and therefore, the petitioner is entitled for compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore, the respondents are directed to consider and pass orders on the representation of the petitioner dated 25.12.2025, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

18.02.2026 vsm Index : Yes/No NCC : Yes/No To

1. The Additional Chief Secretary, The Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.

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KRISHNAN RAMASAMY, J.

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