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Madras High CourtWP(MD)/7392/2023disposed of

Vallikumari v. The District Collector

2026-01-28Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28/01/2026

CORAM

THE HONOURABLE MR. JUSTICE K. SURENDER and W.M.P(MD)No.826 of 2023 Vallikumari ... Petitioner Vs 1.The District Collector, Nagercoil, Kanyakumari District.

2. The Project Director, National Highways Authority of India, K.P.Road, Parvathipuram, Nagercoil.

3.The Competent Authority & Special District Revenue Officer, Land Acquisition - National Ways, Tirunelveli @ Nagercoil.

4. The Tahsildar, National Highways (Land Acquisition), Nagercoil.

... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents to disburse interest and its further interest by following order passed by the first respondent in Na.Ka.U3/8965/2018 dated 04.02.2019 1/6

for the period from 01.04.2019 to 05.08.2019 relating to the land acquisition proceedings of Survey Nos.131/4 and 132/4B, situated at Nagercoil, Agastheeswaram Taluk, Kanyakumari District by considering the petitioner's representations dated 18.10.2019 and 08.09.2020 and 15.03.2023.

For Petitioner : Mr.V.Sukumar Advocate.

For R1, R3 and R4 : Mr.D.Sadiqraja Additional Government Pleader For R2 : Mr.P.Karthik

ORDER

This Writ Petition has been filed seeking the issuance of a Writ of Mandamus, directing the respondents to disburse interest and its further interest by following the order passed by the first respondent in Na.Ka.U3/8965/2018 dated 04.02.2019 for the period from 01.04.2019 to 05.08.2019, relating to the land acquisition proceedings in respect of Survey Nos.131/4 and 132/4B, situated at Nagercoil, Agastheeswaram Taluk, Kanyakumari District, by considering the petitioner's representations dated 18.10.2019 and 08.09.2020 and 15.03.2023. 2/6

2.The learned counsel for the petitioner would submit that the respondents initiated land acquisition proceedings at Nagercoil, Agatheeswaram Taluk, Kanyakumari District for the formation of the National Highways, namely NH-47B between Nagercoil to Kavalkinaru. In the said proceedings, various lands belonging to the petitioner, including Survey Nos.131/4 and 132/4B were acquired. By proceedings dated 28.12.2015, the third respondent passed an order fixing the compensation and the same was confirmed by the first respondent by order dated 04.02.2019 and also directed the third respondent to pay interest at the rate of 9% from the date of acquisition of the lands to till the date of disbursement of compensation. However, interest was granted only for the period between 07.07.2016 to 31.03.

2019, without taking into account the actual date of acquisition of the lands. Hence, the petitioner made representations dated 18.10.2019 and 08.09.2020 and 15.03.2023 seeking payment of interest for the period from 01.04.2019 to 05.08.2019. Since the said representations have not been considered till date, the petitioner has now approached this Court by filing the present Writ Petition.

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3. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representations will be considered and appropriate orders will be passed in accordance with law, within a time frame to be fixed by this Court. 4.Recording the above submissions, this Writ Petition is disposed of, with a direction to the respondents to consider the representations of the petitioner, dated 18.10.2019 and 08.09.2020 and 15.03.2023, on merits and in accordance with law and if the petitioner is found entitled to interest for the period from 01.04.2019 to 05.08.2019, to disburse the same within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. No costs. Consequently, connected miscellaneous petition is closed. [K.SURENDER, J.] 28.01.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No 4/6

TO 1.The District Collector, Nagercoil, Kanyakumari District.

2. The Project Director, National Highways Authority of India, K.P.Road, Parvathipuram, Nagercoil.

3.The Competent Authority & Special District Revenue Officer, Land Acquisition - National Ways, Tirunelveli @ Nagercoil.

4. The Tahsildar, National Highways (Land Acquisition), Nagercoil.

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K.SURENDER,J cp

ORDER

IN WP(MD) No.7392 of 2023 Date : 28/01/2026 6/6