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Madras High CourtWP(MD)/10844/2023disposed of

Shanthi N v. The District Collector

2026-01-07Honourable Mr.Justice K. Surender7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.9515 of 2023 1.N.Shanthi 2.Seetha Lakshmi 3.R.Ravi 4.Chandiran ... Petitioners Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The competent Authority and Special District Revenue Officer (LA), National Highways, Ramanathapuram District.

3.The Special Thasildar (LA), National Highways (NH-49) Unit I (Old Project), Paramakudi, Ramanathapuram 623 707.

... Respondents Page No. 1 of 7

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to pass appropriate orders on the petitioners' applications/appeals dated 19.03.2022 filed under Section 3G(5) of the National Highways Act 1956 for the petitioners' land comprised in Survey Nos.536/9A, 536/9A1A2, 534/5A1 and 535/1B (535/18A1B) situated at Kattuparamakudi Village, Paramakudi Taluk, Ramanathapuram District by determining the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and following the procedures contemplated under Arbitration and Conciliation Act 1996 after providing adequate opportunity to the petitioners within a time stipulated by this Court.

For Petitioners : Mr.M.Raja For Respondents : Mr.D.S.Nedunchezhian Government Advocate

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to pass appropriate orders on the petitioners' applications/appeals dated 19.03.2022, filed under Section 3G(5) of the National Highways Act, 1956, in respect of the petitioners' lands comprised in Survey Nos.536/9A, 536/9A1A2, 534/5A1 and 535/1B (535/18A1B), situated at Kattuparamakudi Village, Paramakudi Taluk, Page No. 2 of 7

Ramanathapuram District, by determining the compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and by following the procedure contemplated under the Arbitration and Conciliation Act, 1996, after providing adequate opportunity to the petitioners, within a time frame to be stipulated by this Court.

2. The case of the petitioners is that the Government of India acquired the petitioners' land for the widening of National Highway No. 49 Extension (Madurai - Paramakudi - Ramanathapuram Division) by issuing a notification under Section 3A of the National Highways Act, 1956, published in Gazette No.554, S.O.637(E), dated 29.03.2012.

3. Thereafter, the second respondent passed Award No.45/20142015 dated 15.12.2014, bearing proceedings Na.Ka./The.Na. 49/AlaguV/195/2013, fixing the compensation for the acquired land at Rs.1,377/- per sq. metre. After fixation of compensation, the second respondent remitted the said amount to the petitioners. However, a copy of the said award dated 15.12.2014 was not served on the petitioners. Page No. 3 of 7

4. Subsequently, on an application made by the petitioners to the third respondent under the Right to Information Act, 2005, a copy of the award was furnished to them. On receipt of the same, the petitioners filed applications/appeals dated 19.03.2022 before the first respondent under Section 3G(5) of the National Highways Act, 1956, seeking determination of compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by following the procedure contemplated under the Arbitration and Conciliation Act, 1996.

5. Since the said applications/appeals have not been considered and disposed of, the petitioners were constrained to file the present Writ Petition.

6. The learned Government Advocate appearing for the respondents would submit that the applications/appeals of the petitioners dated 19.03.2022 would be considered and appropriate orders would be passed within a period of four weeks.

Page No. 4 of 7

7. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to first respondent to consider the applications/appeals of the petitioners dated 19.03.2022 on its merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that before passing any order on the said applications, the petitioners shall be afforded an opportunity of hearing. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. [K.SURENDER, J.] 07.01.2026 JEN Index : Yes / No Internet : Yes / No To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The competent Authority and Special District Revenue Officer (LA), National Highways, Ramanathapuram District.

Page No. 5 of 7

3.The Special Thasildar (LA), National Highways (NH-49) Unit I (Old Project), Paramakudi, Ramanathapuram 623 707.

Page No. 6 of 7

K.SURENDER , J.

JEN 07.01.2026 Page No. 7 of 7