Madras High CourtWP(MD)/22628/2025disposed of

Shanmugathurai v. The Secretary To Government Of Tamilnadu

2025-08-20Honourable Mr Justice S. Sounthar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.22628 of 2025 Shanmugathurai ... Petitioner Vs.

1. The Secretary to Government of Tamilnadu, Highway Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration, Office of the commissioner of land Administration, Ezhilagam, Chepauk.

Chennai-600 005.

3. The District Collector, District Collector Office, Sivagangai - 630562.

4. The District Revenue Officer, District Revenue office, Sivagangai - 630 562.

5. The Special District Revenue Officer (L.A), Special District Revenue Officer, National High ways, Thoothukudi.

1/7

6. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai- 630 561.

7. The Special Tahsildar (L.A), Office of the Special Tahsildar, State National Highway, Sivagangai - 630 561.

8. The Tahsildar, Tahsildar Office, Sivagangai Taluk, Sivagangai -630561.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd and 5th respondents to provide Fair and adequate Compensation as per current status of Lands real value under section 19 of the Tamil Nadu Highways Act 2001 (34/2002) and with section 23 of the land Acquisition Act 1894 in Survey No. 278/6A to an extent of 1215 square meter in Keelakandi Revenue Village, Sivagangai Taluk, Sivagangai District in order to laying Bypass Road in National Highway of Thanjavur - Manamadurai at Sivagangai based on the petitioner's representation dated dt. 24.07.2025 and consequently representation dated 01.08.2025 within a stipulated time that may be fixed by this court.

2/7

For Petitioner : Mr.R,Senthil Kumar For R1 to R8 : Mrs.K.Malathi Additional Government Pleader

ORDER

The writ petition is filed seeking a direction to the respondents 3 and 5 to provide fair and adequate compensation to the petitioner's land situated in Survey No: 278/6A (Patta No:804) in Keelakandi Revenue Village, Sivagangai Taluk, Sivagangai District, which was acquired by the official respondents for laying Bypass road to Thanjavur - Manamadurai, National Highways by considering the representations dated 24.07.2025 and 01.08.2025.

2. Heard the learned counsel appearing for the petitioner and Mrs.K.Malathy, learned Additional Government Pleader, who takes notice for the respondents 1 to 8.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself. 3/7

4. According to the petitioner, the subject property was acquired by the official respondents for laying Bypass road under the provisions of the Tamil Nadu Highways Act, 2001, by issuing a notification under Section 15(1) of the said Act on 01.11.2023. The negotiation for fixation of compensation under Section 19(2) of the said Act was failed as there was no consensus between the petitioner and the competent authority. Therefore, the petitioner submitted the instant representation before the official respondents seeking payment of compensation at the rate of Rs.520/- per sq.meters as fixed by the competent authority for acquisition of petitioner's land under the National Highways Act. The said representation has not been considered and hence, the petitioner has come before this Court.

5. In the absence of any consensus between the land owner and the competent authority for fixing the compensation amount under Section 19(2) of the said Act, it is for the competent authority to refer the matter for decision to Collector under Section 19(3) of the said Act.

6. In view of the same, without expressing any opinion on the merits of the matter, the 5th respondent is directed to consider the representations of the petitioner dated 24.07.2025 and 01.08.2025 and refer the matter for to the 3rd respondent under Section 19(3) of the 4/7

State Highways Act, within a period of six (6) weeks from the date of receipt of a copy of this order.

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

20.08.2025 NCC :yes/No Index :yes/No Internet:yes/No skn To