Madras High CourtWP(MD)/4649/2023dismissed

Suresh.C v. The Principal Secretary To Government

2025-06-27Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR C.Suresh ... Petitioner Vs

1. The Principal Secretary to Government, Revenue Department, Tamil Nadu Government Secretariat, Fort St.George, Chennai- 600 009.

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

3. The District Collector, The Land Acquisition Authority, Kanyakumari District- 629 001.

4. The Special Tahsildar And Land Acquisition For Railways, Vetturnimadam, Nagercoil- 629 003, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents not to deduct 1/3rd compensation amount from the petitioner to part with the Local Bodies.

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For Petitioner : Mr.T.Murugan For Respondents : Mr.M.Gangatharan, Govt. Advocate

O R D E R

This Writ Petition is filed seeking a direction to the respondents 2 and 3 not to deduct 1/3rd compensation from the land acquisition compensation amount payable to the petitioner.

2. When the Writ Petition is taken up for hearing, the learned Government Advocate appearing for the respondents by relying on a circular issued by the second respondent in proceeding No.MZ/922791/2021, dated 28.09.2022, submits that as per the circular issued by the second respondent, the respondents 3 and 4 are deducting 1/3rd of the compensation amount.

3. The petitioner has not challenged the circular issued by the third respondent providing 1/3rd deduction of the compensation amount. Without challenging the said circular, it is not open to the petitioner to 2/4

maintain the Writ Petition on Mandamus. Therefore, this Writ Petition is dismissed with liberty to the petitioner to challenge the circular, if he is so advised. There shall be no order as to costs. 27.06.2025 vsm Index: Yes/No Internet : Yes/No To

1. The Principal Secretary to Government, Revenue Department, Tamil Nadu Government Secretariat, Fort St.George, Chennai- 600 009.

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

3. The District Collector, The Land Acquisition Authority, Kanyakumari District- 629 001.

4. The Special Tahsildar And Land Acquisition For Railways, Vetturnimadam, Nagercoil- 629 003, Kanyakumari District.

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S.SOUNTHAR, J.

vsm W.P (MD) No.4649 of 2023 27.06.2025 4/4