Sahayamatha Salterns Private Limited v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Sahayamatha Salterns Private Limited, Represented by its managing Director, Michael Motha, Door No.13A/1, Pillaiyar Koil Street, Meenakshipuram West, Tuticorin.

... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Transport Department, Secretariat, Chennai.

2.The District Collector, O/o the District Collector, Tuticorin District, Tuticorin.

3.The District Revenue Officer, District Collectorate Building, Tuticorin District.

4.The Special Tahsildar, Land Acquisition for Railway Project Vanchi Maniyachi-Nagercoil Railway Station, For doubling of Railway Track Wing II, Tuticorin Taluk Office, Toovipuram, Tuticorin.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to refer Acquisition Proceedings of laying Madurai - Thoothukudi (Via Aruppukottai) Broad Gauge Railway line as determined by him vide his Award No.20/2023 in his proceedings in Na.Ka.E5/31749/2018/(E2), dated 31.10.2023 to the Court for enhancement of compensation in accordance with Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 pursuant to the applications, dated 13.03.2025 preferred by the petitioner within the period that may be stipulated by this Court.

For Petitioner : Mr.S.A.Iniyavan Abdullah for M/s.Ajmal Associates For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2. The petitioner is a private limited Company. The petitioner's property has been acquired under Act 10 of 1999. The petitioner has given a representation on 22.08.2015 to the District Collector with regard to the market value of the lands which were acquired from the writ petitioner.

3. The award was passed by the 4th respondent on 28.01.2025 and in terms of Section 8 of Act 10 of 1999, the petitioner has made an application to 2/5

the District Collector on 13.03.2025 for enhancement of compensation by referring the matter to the Civil Court.

4. Considering that the petitioner has made an application in time, in terms of Section 8 of Act 10 of 1999, the District Collector is bound to refer the matter to the Civil Court, for determination of compensation amount payable to the petitioner.

5. I find that, the petitioner has duly served the application seeking reference to the Court on the District Collector. In view of the same, the 2nd respondent is directed to take immediate steps to refer the matter to the Principal District Court, Tuticorin within a period of four (4) weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

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To:

1.The Secretary, Transport Department, Secretariat, Chennai.

2.The District Collector, O/o the District Collector, Tuticorin District, Tuticorin.

3.The District Revenue Officer, District Collectorate Building, Tuticorin District.

4.The Special Tahsildar, Land Acquisition for Railway Project Vanchi Maniyachi-Nagercoil Railway Station, For doubling of Railway Track Wing II, Tuticorin Taluk Office, Toovipuram, Tuticorin.

4/5

P.B.BALAJI , J.

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