Nagalakshmi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025
CORAM:
THE HONOURABLE MR JUSTICE S.SOUNTHAR W.P(MD)No.13819 of 2025 and W.M.P(MD)Nos.9978,9979 and 9982 of 2025 1.Nagalakshmi 2.Chinnasamy ... Petitioners .Vs.
1.The State of Tamil Nadu, represented by its Principal Secretary, Department of Agriculture, Secretariat, Chennai District.
2.The District Collector, Office of the District Collector, Karur District.
3.The Special Tahsildar, Land Acquisition Unit 3, Cauvery South Vellar Link Canal Project, Kulithalai Taluk, Karur District.
4.The District Revenue Officer, 1/7
Office of the District Revenue Office,, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceeding vide Na.Ka.No.A/11/2024 and Na.Ka.No.A1/45/2024, dated 29.11.2024 issued by the third respondent and quash the same and consequently to direct the respondents to re-evaluate and re determine and grant a fair compensation to the Petitioners on par with the market value in accordance with the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the rules framed thereunder and also to direct the respondents to pay solatium under Section 30 of the said Act and also the interest for the delayed payment by considering the Petitioner's representation, dated 29.8.2024. For Petitioners : Mr.VR.Shanmugam For Respondents : Mr.A.Baskaran 1 to 3 Addl.Govt.Pleader
O R D E R
The Writ Petition is filed challenging the award passed by the Special District Revenue Office(Land Acquisition), Cauvery2/7
Vaigai-Gundaru Link Canal Project, Karur District. 2.Mr.A.Baskaran, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal. 3.It is the case of the Petitioner that the second respondent issued a notification for acquiring lands of the Petitioner situated in S.Nos.169/2B1, 169/2B2, 104/2A, 171/2B, 171/5A,172/1A of Aarchampatti, R.T.Mahal Village and Post, Kulithalai Taluk, Karur District for the project called Cauvery-Vaigai-Gundaru Link Canal Project. After considering the representation of the Petitioner regarding fixation of compensation for the acquired lands, the competent authority passed the impugned order on 29.11.2024 determining the compensation amount payable to the Petitioners. Not satisfied with the same, the Petitioners have filed this Writ Petition.
4.If the Petitioners are not satisfied with the determination of compensation by the competent authority, it is for them to make an application under Section 64(2)(a) of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within six weeks from 3/7
the date of the award. When the Petitioners have got a remedy of seeking reference under Section 64 of the above-said Act, the writ Petition filed by the Petitioners cannot be entertained. It is also pertinent to note that the Petitioners failed to implead the authority who passed the impugned order namely, the Special District Revenue Officer(Land Acquisition), Cauvery-VaigaiGundaru Link Canal Project, Karur District. 5.Therefore the Writ Petition is dismissed, with liberty to the Petitioners to seek reference under Section 64 of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is made clear the Petitioners are entitled to exclude the time taken by them in prosecuting the Writ Petition before this Court(ie.,03.04.2025 to date of receipt of this order), while calculating limitation for application under Section 64(2)(a) of Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. No Costs. Consequently, connected Miscellaneous Petitions are closed.
09.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No 4/7
vsn To 1.The Principal Secretary, Government of Tamil Nadu, Department of Agriculture, Secretariat, Chennai District.
2.The District Collector, Office of the District Collector, Karur District.
3.The Special Tahsildar, Land Acquisition Unit 3, Cauvery South Vellar Link Canal Project, Kulithalai Taluk, Karur District.
4.The District Revenue Officer, Office of the District Revenue Office,, Karur District.
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S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.13819 of 2025 and W.M.P(MD)Nos.9978,9979 and 6/7
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