Vijayakumari v. The District Collector
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 20.06.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR Vijayakumari ... Petitioner Vs
1. The District Collector, Kanyakumari District, Kanyakumari.
2. The Special Tahsildar (Land Acquisition), Railway Additional Unit - III, Padmanabapuram, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to fix enhanced compensation by consider the petitioner's representation/Appeal dated 09.06.2025 preferred against the order passed by the 2nd respondent in his proceedings in Na.Ka.No.LA/RLY/ADDL/UNIT-III/05/2025 dated 25.04.2025 and dispose of the same within the stipulated period fixed by this Court. 1/6
For Petitioner : Ms.J.Balameenakshi For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader
O R D E R
The petitioner herein seeks a direction to the respondents to fix the enhanced compensation, by considering her representation dated 09.06.2025.
2. Heard the arguments of Ms.J.Balameenakshi, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. It is seen from the affidavit filed in support of this Writ Petition, the petitioner's property situate in New S.No.596/16, in Unnamalikadai Special Panchayat, Kanchiracode Desam, Nattlam Village, Illavancode Taluk, Kanyakumar District. It is further seen that 1260 sq.ft., out of 1.5 2/6
ares of land was acquired by the respondents for construction of railway line from Iraniyal to Parasalai. The second respondent sent a communication to the petitioner on 25.04.2025, in his proceeding in Na.Ka.No.LA/RLY/ADDL/UNIT-III/05/2025, informing the petitioner that the compensation amount for the subject land was fixed at Rs.1,400/- per sq.mt. Therefore, the petitioner submitted a representation on 09.06.2025, seeking enhancement of compensation. The same has not been considered. Hence, the petitioner has come before this Court.
4. From the documents filed in support of this Writ Petition, it appears that the compensation amount has not been fixed by the competent authority by following the procedure established by law. The second respondent only sent a communication to the petitioner about the proposal to fix the compensation amount at Rs.1,400/- per sq.mt. by private negotiation. In case, there is no consensus between the petitioner and the competent authority in private negotiation, it is for the competent authority to fix the compensation by following the procedure established by law.
5. Therefore, without expressing any opinion on the merits of the 3/6
matter, the first respondent is directed to consider the representation of the petitioner dated 09.06.2025 and pass final orders on its own merits, within a period of eight (8) weeks from the data of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
20.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6
To
1. The District Collector, Kanyakumari District, Kanyakumari.
2. The Special Tahsildar (Land Acquisition), Railway Additional Unit - III, Padmanabapuram, Kanyakumari District.
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S.SOUNTHAR, J.
vsm W.P (MD) No.16023 of 2025 20.06.2025 6/6