Vallikumari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Vallikumari ... Petitioner Vs.
1.The District Collector, Nagercoil, Kanyakumari District.
2.The Competent Authority & Special District Revenue Officer, Land Acquisition-National ways, Tirunelveli @ Nagercoil.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, against the first respondent to consider the petitioner appeal and representations dated 29.05.2020, 31.07.2020, 08.09.2020, 21.03.2021, 07.10.2021, 09.02.2022, 21.05.2022, 19.02.2023 filed against ROC.No.J3/6/2010 in modification award No.8/2015-14 dated 24.01.2019 passed by the second respondent relating to the land in Survey No.131/5 and 133/06 measuring to total extent of 2600 sq.meter situated at Nagercoil Village, Agastheeswarm
Taluk, Kanyakumari District, within time frame fixed by this Court, by affording reasonable opportunity to the petitioner. For Petitioner : Mr.V.Sukumar For Respondents : Mr.A.Baskaran Additional Government Pleader
ORDER
The petitioner herein seeks a direction to the respondents to consider her representations dated 29.05.2020, 31.07.2020, 08.09.2020, 21.03.2021, 07.10.2021, 09.02.2022, 21.05.2022 and 19.02.2023, seeking modification of Award No.8/2015-14, dated 24.01.2019, passed by the second respondent in respect of the acquired land situated in Survey Nos.131/5 and 133/06, measuring an extent of 2600 sq.meter, situated in Nagercoil Village, Agastheeswarm Taluk, Kanyakumari District, within the time stipulated by this Court. 2.Heard the arguments of Mr.V.Sukumar learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents.
3.According to the petitioner, she already received a sum of Rs.35,62,397/- as compensation for her land acquired for extension of National Highways. Not satisfied with the quantum of compensation, the petitioner submitted the representations before the respondents on various dates. The last of the representation was submitted on 19.02.2023, seeking enhancement of compensation. The second respondent in his proceeding in Na.Ka.No.J2/476/2015, dated 22.02.2023, informed the petitioner that, on her request, necessary proposal has been submitted before the first respondent and further action will be taken as per the directions.
4.If the land owner is not satisfied with the compensation amount determined by the competent authority, he can make an application seeking enhancement of compensation and the same shall be considered by the Arbitrator under Section 3G(5) of the National Highways Act. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the representation of the petitioner dated 19.02.2023, in the light of Section 3G(5) of the
National Highways Act and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs. 08.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Nagercoil, Kanyakumari District.
2.The Competent Authority & Special District Revenue Officer, Land Acquisition-National ways, Tirunelveli @ Nagercoil.
S.SOUNTHAR ,J cp W.P.(MD)No.6683 of 2023 Dated: 08.07.2025