C.Saalammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) Nos.5894 and 5895 of 2025 C.Saalammal ... Petitioner Vs.

1. The District Collector

2. The Special District Revenue Officer O/o. Special District Revenue Officer

3. The Revenue Divisional Officer (Land Acquisition) (N.H) O/o. The Revenue Divisional Officer (Land Acquisition) (N.H)

4. The Special Tahsildar (Land Acquisition) (National Highways) (Land Acquisition) (National Highways) District Collectorate, 1/6

5. The Sub Inspector (Land Acquisition) (Land Acquisition). (National Highways) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order in Na.Ka.No. Ni.A(Thi)1/517-40/2023 dated .11.2024 signed dated 08.11.2024 passed by the 2nd respondent and quash the same as illegal consequently direct the 1st respondent to re measure the petitioner's land as per the revenue records and registered sale deed of the petitioner. For Petitioner :Ms.R.Vijayalakshmi For Respondents :Mr.K.Balasbramani Special Government Pleader

O R D E R

An order dated 08.11.2024 of the second respondent is challenged in this wirt petition.

2. Learned counsel for the petitioner submits that Survey No. 37/7B2 was purchased by the petitioner on 20.03.2019, which preceded the notification under the National Highways Act. Learned counsel 2/6

contends that there is an error in the impugned order with regard to extent and value. She also submits that the petitioner was not provided a copy of the order until 14.02.2025, when a photocopy of the order was handed over.

3. Learned Special Government Pleader appears on behalf of all the respondents. On the basis of written instructions, he points out that the documents filed by the petitioner do not tally with the approved plan of the DTCP. He also submits that the petitioner has a statutory remedy by way of approaching the District Collector.

4. The National Highways Act, 1956 provides for dispute resolution by the District Collector acting as the arbitrator under the Arbitration and Conciliation Act, 1996. The issues raised by the petitioner in this writ petition are purely factual issues. Therefore, I decline to exercise discretionary jurisdiction in view of the existence of an alternative remedy. Consequently, by leaving it open to the petitioner to approach the District Collector in accordance with law, this writ petition is disposed of. The time taken in prosecuting this writ petition shall be excluded while computing the applicable limitation period for 3/6

proceedings before the District Collector acting as arbitrator. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

17.11.2025 NCC :No Internet :Yes Index :No PKN To

1. The District Collector

2. The Special District Revenue Officer O/o. Special District Revenue Officer

3. The Revenue Divisional Officer (Land Acquisition) (N.H) O/o. The Revenue Divisional Officer (Land Acquisition) (N.H)

4. The Special Tahsildar (Land Acquisition) (National Highways) (Land Acquisition) (National Highways) 4/6

5. The Sub Inspector (Land Acquisition) (Land Acquisition). (National Highways) 5/6

SENTHILKUMAR RAMAMOORTHY, J.

PKN 17.11.2025 6/6