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Madras High CourtWP(MD)/26100/2025disposed of

S.Murugan v. The District Collector / Arbitrator

2025-09-23Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) No.20371 of 2025 S.Murugan ... Petitioner Vs

1. The District Collector / Arbitrator, Collectorate, Madurai.

2. The Deputy General Manager (T) and Project Director, National Highways Authority of India, Madurai.

3. The Special District Revenue Officer (Land Acquisition), National Highways - 744, Virudhunagar,

4. The Special Tashildhar (Land Acquisition), National Highways - 744, Thirumangalam Unit - I, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records in impugned notice dated 02.09.2025 in Na.Ka.Ni.A(Thi)-1/3740624/2025 issued by the fourth respondent and quash the same as illegal and consequently, direct the respondents not to 1/5

demolishing or taking physical possession of the property in Survey No. 46/14 and 46/15 in T.Andipatti, Alampatti Village, Thirumangalam Taluk, Madurai District till the disposal of the appeal in AP. No.7/TMM/ T.Aundipatti/2024/B5 pending on the file of the first respondent based on the petitioner's representation dated 12.09.2025. For Petitioner : Mr. M.Suresh For Respondents : Mr.K.Balasubramani Special Government Pleader for R1, R3 & R4 Mr.P.Karthick for R2

O R D E R

Lands previously owned by the petitioner, in survey Nos.46/14 and 46 /15, were acquired in relation to the National Highway 744 fourlaning project. According to the petitioner, the house in survey No.46 /15 is of a value of Rs.53,77,968/- whereas it was erroneously valued at Rs.12,15,641/-. Therefore, the petitioner had raised a dispute which is pending before the first respondent.

2. Learned counsel for the petitioner submits that the proceeding before the first respondent has been pending since 06.05.2024. Therefore, he seeks expeditious disposal thereof and further seeks an interim order 2/5

restraining demolition of the house in survey No.46/15 until then.

3. Learned Special Government Pleader accepts notice on behalf of respondents 1, 3 and 4 and Mr.P.Karthick, learned counsel, accepts notice on behalf of the second respondent. Learned Special Government Pleader referred to instructions received by him and, in particular, the document showing that the petitioner received the compensation for the property in survey No.46/15 on 31.07.2023. By also referring to the impugned notice dated 02.09.2025, he points out that the petitioner has impeded the progress of the project, which is time bound, by raising frivolous objections after receiving the entire compensation. Without prejudice, he submits that the first respondent would consider and dispose of the petitioner's appeal within thirty (30) days from the date of receipt of a copy of this order.

4. Even the representation of the petitioner acknowledges that the petitioner did not object to the acquisition and has only raised an issue with regard to valuation of his property. The matter is pending before the first respondent. In these circumstances, it is sufficient to direct the first 3/5

respondent to consider and dispose of the petitioner's request within a period of thirty (30) days from the date of receipt of a copy of this order on merits after providing a reasonable opportunity to the petitioner.

5. This Writ Petition is disposed of with the direction on the above lines. No costs. Consequently, connected miscellaneous petition is closed.

NCS : Yes/No 23.09.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector / Arbitrator, Collectorate, Madurai.

2. The Special District Revenue Officer (Land Acquisition), National Highways - 744, Virudhunagar,

3. The Special Tashildhar (Land Acquisition), National Highways - 744, Thirumangalam Unit - I, Madurai District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 23.09.2025 5/5