Jeyakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.8803 of 2023 Jeyakumar ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Competent Authority (LA) and Revenue Divisional Officer, Uthamapalayam, Theni District.

3. The Tahsildar, Bodinayakkanur Taluk, Theni District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent to consider and dispose of the petitioner's objection dated 13.09.2022 with regard to valuation in Annexure-II dated 30.06.2022 issued by him relating to determination of compensation for the land acquisition issued in Notification in Na.Ka.No.3965/2019/A3 dated 07.06.2021.

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For Petitioner : Mr.G.Thalaimutharasu For R1 to R3 : Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed seeking a direction to the 2nd respondent to consider the objections submitted by the petitioner dated 13.09.2022 to the valuation adopted by the competent authority as per Annexure-II to his order dated 30.06.2022.

2. Heard the learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing on behalf of the respondents.

3. It is not in dispute the property of the petitioner situated in T.S.No.221/3 in Ward No.1, Block No.5, Bodinayakkanur Taluk, Theni District was acquired by the respondent for construction of Railway Over Bridge and Service Road.

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4. The compensation payable to the petitioner in respect of the acquired land in T.S.No.221/3 was determined by the competent authority at Rs.33,85,544/-. Not satisfied with the compensation amount, the petitioner submitted his objection before the 1st respondent on 13.09.2022, seeking enhancement of compensation. The objection submitted by the petitioner has not been considered. Hence the petitioner has come before this Court.

5. If the amount determined by the competent authority is not acceptable to the land owner, it is always open to him to seek enhancement by filing an application under Section 3G(5) of National Highways Act, 1956. In the case on hand, the petitioner already submitted his objection before the 1st respondent on 13.09.2022.

6. In such circumstances, the 1st respondent is directed to consider the objection submitted by the petitioner dated 13.09.2022 in the light of Section 3G(5) of National Highways Act, 1956 and pass final order in accordance with law, within a period of six (6) months from the date of receipt of a copy of this order.

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7. The writ petition is disposed of with the above observations and directions. No costs.

08.08.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The District Collector, Theni District, Theni.

2. The Competent Authority (LA) and Revenue Divisional Officer, Uthamapalayam, Theni District.

3. The Tahsildar, Bodinayakkanur Taluk, Theni District.

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S.SOUNTHAR , J.

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