Thachinamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.24042 of 2025 and W.M.P.(MD) No.18845 of 2025

1. Thachinamoorthy,

2. Perumal.

... Petitioners Vs

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Special District Revenue Officer (Land Acquisition)/ Land Acquisition Officer, SIPCOT, Tirnelveli.

3. The Special Tahsildar (Land Acquisition), Solar Plant Unit -2, SIPCOT, Tirunelveli.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent forthwith to refer the representation dated 21.07.2025 submitted by the petitioners for enhancement of compensation under section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 with respect to the acquired lands comprised in Survey No. 591 admeasuring 3.80 acres situated at Chitharchathiram village, Manur Taluk, Tirunelveli District in respect of which Award No. 44/2025 in Na.Ka.A2/265/2022 dated 20.03.2025 was passed by the second respondent. For Petitioner : Mr. R.Ponkarthikeyan For Respondents : Mr.M.Muthu Manikkam Government Advocate

O R D E R

The petitioner seeks enhancement of compensation in relation to Award No.44 of 2025 dated 20.03.2025.

2. The petitioners state that the compensation was fixed at Rs.3,80,000/- per acre in respect of 3.80 acres owned by them in Survey No.591, Chitharchathiram village, Manur Taluk, Tirunelveli District. By asserting that compensation was paid at Rs.8,00,000/- per acre in relation to the adjacent land, the petitioner had requested for enhancement of the 2/5

compensation by way of reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (2013 Act).

3. Learned Government Advocate accepts notice for the respondents. He has placed on record the order issued by the second respondent to the effect that the petitioners failed to participate in the enquiry and that, therefore, it is not possible to accept the request for payment of Rs.8,00,000/- per acre.

4. The communication dated 24.07.2024 from the second respondent records that the compensation was fixed at Rs.8,00,000/- in relation to the adjacent land after negotiations. In the circumstatances, it is just and reasonable that the petitioners' request for enhanced compensation be considered by the first respondent.

5. Therefore, this Writ Petition is disposed of by directing the first respondent to consider the petitioners' request for a reference under Section 64 of the 2013 Act. The said request shall be considered and a 3/5

decision taken thereon within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed.

NCS : Yes/No 08.09.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Special District Revenue Officer (Land Acquisition)/ Land Acquisition Officer, SIPCOT, Tirnelveli.

3. The Special Tahsildar (Land Acquisition), Solar Plant Unit -2, SIPCOT, Tirunelveli.

4/5

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN W.P(MD)No.24042 of 2025 08.09.2025 5/5