E.Jozhi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR Dr.E.Jozhi ... Petitioner .Vs.
1.The District Collector, Kanyakumari District.
2.The Competent Authority/ The Special District Revenue Officer, (Land Acquisition)National Highways, Tirunelveli, Observatory Road, Nagercoil, Kanyakumari District.
3.The Special Tahsildar, Land Acquisition National Highways, Unit III, Vilavancode, Thiruthuvapuram, Kanyakumari District.
4.The National Highways Authority of India, represented by its Project Director, No.395/3-1, M.S.Road, Majestic Colony, Parvathipuram, 1/7
Nagercoil, Kannyakumari 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 second respondent to take appropriate action on the Petitioner's representation, dated 14.06.2025 thereby seeks to deposit the land acquisition compensation belongs to the Petitioner with interest with competent civil Court within the reasonable time fixed by this Court.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mrs.S.Jeya Priya 1 to 3 Govt. Advocate For Respondent-4 : Mr.P.Karthick
O R D E R
The Petitioner herein seeks a direction to the second respondent to take appropriate action on the representation, dated 14.06.2025 seeking deposit of the land acquisition compensation in respect of the properties acquired for the benefit of the fourth respondent.
2.Mrs.S.Jeya Priya, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.P.Karthick, learned counsel takes notice for the fourth respondent. By consent of both 2/7
parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the Petitioner that the properties in S.Nos. 1038/5A,B,C,1,11 and 156/2 situated at Nattalagam Village and S.No.162/11A situated in Vellankadu Village and Taluk, Kanyakumari District originally owned by the Petitioner's father D.Enose, having purchased the same under registered document. The Petitioner's father died intestate on 30.11.2006.The Petitioner's mother S.Anna Jothi Saroja Bai died intestate on 24.4.2016.Therefore, the Petitioner, his brother Ravi, his sisters Usha and Subba are the legal heirs to the estate of the deceased father D.Enose. The above mentioned lands were acquired for expansion of National Highways and the compensation amount was also determined by the second respondent. However, the same has not been paid to the Petitioner. Hence the Petitioner submitted a representation on 14.06.2025 requesting the second respondent to deposit the compensation amount before the competent Civil Court. The same has not been considered till date. Hence, the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.
4.Mrs.S.Jeya Priya, learned Government Advocate who takes 3/7
notice for the respondents 1 to 3 and Mr.P.Karthick, learned counsel for the fourth respondent, on instructions, would submit that the compensation amount was already quantified by the competent authority and since there is dispute with regard to apportionment of the compensation amount, the same has not been paid to the Petitioner.
5.In view of the stand taken by the fourth respondent, the second respondent is directed to consider the representation of the Petitioner, dated 14.06.2025 and pass final orders on its own merits after issuing notice to the legal heirs of original owner D.Enose, within a period of 8 weeks from the date of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
07.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, 4/7
Kanyakumari District.
2.The Competent Authority/ The Special District Revenue Officer, (Land Acquisition)National Highways, Tirunelveli, Observatory Road, Nagercoil, Kanyakumari District.
3.The Special Tahsildar, Land Acquisition National Highways, Unit III, Vilavancode, Thiruthuvapuram, Kanyakumari District.
4.The Project Director, National Highways Authority of India, No.395/3-1, M.S.Road, Majestic Colony, Parvathipuram, Nagercoil, Kannyakumari District.
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S.SOUNTHAR.,J.
vsn ORDER MADE IN 6/7
07.07.2025 7/7