S.Ashoka Rajan v. The Commissioner (Land Acquisition)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025
CORAM:
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.29679 of 2025 S.Ashoka Rajan ... Petitioner Vs
1. The Commissioner (Land Acquisition), Land Administrate Department, Ezhilagam, Chepauk, Chennai 600 005.
2. The District Collector/Land Acquisition Officer, Kanniyakumari District at Nagercoil.
3. The Deputy Genenral Manager, Railway Vikaz Nigam Ltd., Palayamkottai, Tirunelveli.
4. The Deputy Chief Engineer (Construction), Related to Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivandrum, Kerala State - 695 014.
5. The Special District Revenue Officer, Office of District Revenue Officer, Nagercoil, Kanniyakumari District.
6. The Revenue Divisional Officer, Revenue Divisional Officer, Kanniyakumari District.
7. The Tahsildar, Vilavancode Taluk, Kuzhithurai,
8. The Special Tahsildar, Office of Special Tahsildar, 1/6
(Land Acquisition (Railway), Tiruvananthapuram, Kanniyakumari Wing No.2, Division, Alagiya Mandapam,
9. Village Administrative Officer, Nallur, Vilavancode Taluk, Marthandam Post, Kanniyakumari District.
10. The District Registrar, District Registration Office, Marthandam - 629 165.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 28.08.2025 and further direct the respondents to refix the Fair Compensation on the basis of the of today's market price of Rs.9,690/- per square meter for the petitioner's land acquired in Land Survey No.176/8A Nalloor Village, Vilavancode Taluk, Kanniyakumari District within the stipulated time fixed by this Court. For Petitioner : M/s.M.R.Sreenivasan For Respondents : Mr.K.Balasubramani Special Government Pleader for R1, R2 and R5 to R10 Mr.A.Haja Mohideen for R3 and R4
ORDER
The petitioner seeks the consideration of representation dated 28.08.2025 for refixation of compensation at the market price of Rs.9,690/- per square feet for land in S.No.176/8A, Nalloo Village, Vilavancode Taluk. 2/6
2. Learned counsel for the petitioner invited my attention to the fixation of compensation by the District Collector. He points out that the District Collector was cognizant of the large disparity and has therefore stated that he is awaiting the decision of the State Level Committee, including the Commissioner of Land Administration, before making the final fixation. He points out that compensation for adjacent lands has been fixed at a much higher amount and that the fixation in the case of the petitioner's land is low in view of the petitioner having inherited the property and therefore not effecting any conveyances in relation thereto at a higher value.
3. Learned Special Government Pleader submits that the District Collector determined the compensation pursuant to the earlier order of this court. Once the award is issued, he submits that the petitioner has the right to seek redetermination under Section 73 of Act 30 of 2013 if the compensation for other lands covered by the same notification is higher. He also submits that redetermination or refixation cannot be done in every individual case in a manner not provided for in Act 30 of 2013.
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4.. The agreed position is that the award has not been issued as on date. In fact, as is evident from the communication of the District Collector, even the determination has not become final as on date. Considering these aspects, this writ petition is disposed of by leaving it open to the petitioner to seek redetermination or enhancement under Act 30 of 2013 after the award is issued. No costs.
27.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR To
1. The Commissioner (Land Acquisition), Land Administrate Department, Ezhilagam, Chepauk, Chennai 600 005.
2. The District Collector/Land Acquisition Officer, Kanniyakumari District at Nagercoil.
3. The Deputy Genenral Manager, Railway Vikaz Nigam Ltd., Palayamkottai, Tirunelveli.
4. The Deputy Chief Engineer (Construction), Related to Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivandrum, Kerala State - 695 014.
5. The Special District Revenue Officer, Office of District Revenue Officer, Nagercoil, Kanniyakumari District.
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6. The Revenue Divisional Officer, Revenue Divisional Officer, Kanniyakumari District.
7. The Tahsildar, Vilavancode Taluk, Kuzhithurai,
8. The Special Tahsildar, Office of Special Tahsildar, (Land Acquisition (Railway), Tiruvananthapuram, Kanniyakumari Wing No.2, Division, Alagiya Mandapam,
9. Village Administrative Officer, Nallur, Vilavancode Taluk, Marthandam Post, Kanniyakumari District.
10. The District Registrar, District Registration Office, Marthandam - 629 165.
Kanniyakumari District 5/6
SENTHILKUMAR RAMAMOORTHY, J.
RJR W.P(MD)No.29679 of 2025 27.11.2025 6/6