Palanichamy. R.M v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.M.Palanichamy ...
Petitioner Vs 1 The Union of India, Rep by the Secretary, Department of Road Transport and Highways, No.G5, 6, Sector 10, Dwarka, New Delhi 110 010.
2 The District Collector, Virudhunagar District, Virudhunagar.
3 The Authorized Officer / District Revenue Officer, Road Transport and Highways Department, Thirumangalam to Rajapalayam, (NH-744) Four Way Project, District Collectorate Campus, Virudhunagar.
4 The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd Floor, Vijaykrishna Plaza, No. 1, Lake Area, Melur Main Road, Mattuthavani, Madurai.
5 The Special Tahsildar (Land Acquisition), Thirumangalam - Rajapalayam National, Highways (Nh 744) Four Way Project, Unit - IV, Rajapalayam, Virudhunagar District.
...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, forbearing the Respondents from acquiring the land in Survey No. 587/1 in an extent of 76.50 Hectares situated at S.Ramalingapuram Village, Samsikapuram Revenue Village, Rajapalayam Taluk, Virudhunagar District, without following the due process of law and without fixing fair compensation procedure contemplated under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, by considering petitioner's representation, dated 21.10.2022.
For Petitioner :
Mr.T.Thirumurugan For Respondent 1 : Mr.M.Karthikeya Venkatachalapathi, Senior Panel Counsel.
For Respondent 4 : Mr.Su.Srinivasan, Standing Counsel.
For Respondents 2, 3 & 5 : Mr.A.Baskaran, Addl. Govt. Pleader.
ORDER
The Writ Petition is filed, seeking issuance of writ of mandamus, forbearing the respondents from acquiring the land situated in Survey No. 587/1, S.Ramalingapuram Village, Samsikapuram Revenue Village, Rajapalayam Taluk, Virudhunagar District, without following the due process of law
2. When the matter is taken up for hearing, learned counsel for the petitioner as well as the fourth respondent would submit that the compensation amount for the acquired land has already been paid to the petitioner and hence the prayer sought for has become infructuous.
3. Accordingly, the Writ Petition stands dismissed, as infructuous. No costs. Consequently, the connected W.M.P.(MD) No.23150 of 2022 is closed.
4. Learned counsel for the petitioner seeks liberty from this Court for filing appropriate application seeking enhancement of compensation. It is open to the petitioner to file appropriate application, seeking enhancement of compensation, subject to law of limitation.
25.06.2025
NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit To:
1 The Union of India, Rep by the Secretary, Department of Road Transport and Highways, No.G5, 6, Sector 10, Dwarka, New Delhi 110 010.
2 The District Collector, Virudhunagar District, Virudhunagar.
3 The Authorized Officer / District Revenue Officer, Road Transport and Highways Department, Thirumangalam to Rajapalayam, (NH-744) Four Way Project, District Collectorate Campus, Virudhunagar.
4 The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd Floor, Vijaykrishna Plaza, No. 1, Lake Area, Melur Main Road, Mattuthavani, Madurai.
5 The Special Tahsildar (Land Acquisition), Thirumangalam - Rajapalayam National, Highways (Nh 744) Four Way Project, Unit - IV, Rajapalayam, Virudhunagar District.
S.SOUNTHAR, J.
dixit 25.06.2025