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2025 Supreme(Online)(Mad) 57320
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice Senthilkumar Ramamoorthy, J
Dharmapuram Adheenam Mutt, Represented by its South Zone Manager, R.Mariselvam – Appellant
Versus
The Chairman, National Highways Authority of India – Respondent
W.P.(MD)No.26325 of 2025
For the Appellants/Petitioners: Mr.R.Karunanidhi
For the Respondents: Mr.K.Balasubramani, Mr.P.Karthick
The court directed the government to evaluate the petitioner's land compensation claim and return of unused land based on merits within a specified timeframe.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Claim for compensation - Petitioner requested for compensation for acquired land and return of unused land - Government instructed to consider request for compensation within prescribed timeframe. (Paras 1-3)
(B) Legal procedure - The court refrained from commenting on merits and directed appropriate government authorities to address and resolve the petitioner's claims regarding compensation and land return. (Paras 2-3)
Facts of the case:
The petitioner sought compensation for a 6000 sq.mtr. land acquisition and the return of 7900 sq.mtr. of unused land.
Findings of Court:
The court directed the government to consider the petitioner's requests for compensation and return of unused land on merits within twelve weeks.
Issues: The main issue was the petitioner's claim for compensation and the return of unused land after acquisition.
Ratio Decidendi: The court asserted that the respondents must evaluate the petitioner’s request based on merits and within a defined timeframe without adjudicating the merits of the case.
Result: Writ petition disposed of.
| Table of Content |
|---|
| 1. compensation request for land acquisition (Para 1) |
| 2. government's consideration of the compensation claim (Para 2) |
| 3. court's directive on processing requests (Para 3) |
7.The Special Thasildar (Land Acquisition), National Highways (Schemes), Thovalai, Kanniyakumari - 629 001. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to 7 to pay the compensation along with interest for the acquired used petitioner's Mutt used land property with an extent of 6000 Sq.meter and return the unused land properties with an extent of 7900 Sq.meters situated in Survey No.393, Thovalai, Thovalai Taluk, Nagarcovil, Kanniyakumari District within a stipulate time that may be fixed by this Court.
For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.K.Balasubramani Special Government Pleader for R3, R5 to R7 Mr.P.Karthick for R1, R2 and R4
ORDER
By this writ petition, the petitioner seeks compensation with interest for an extent of 6000 sq.mtr. and for return of the unused land of an extent of 7900 sq. Mtr.
2.Mr.P.Karthick, learned counsel accepts notice on behalf of the respondents 1, 2 and 4 and learned Special Government Pleader accepts notice on behalf of respondents 3, 5, 6 and 7. Learned counsel for the NHAI has placed on record a notice regarding an inquiry on 17.09.2025 in relation to the petitioner's claim for compensation. On instructions, he submits that the petitioner attended the enquiry on the said date. Learned Special Government Pleader submits that the petitioner's request for compensation would be considered and disposed of by the 7th respondent within eight weeks from the date of receipt of a copy of this order.
3.In view of the above submissions, without making any observations on the merits, this writ petition is disposed of by directing the 7th respondent to consider and dispose of the petitioner's request for compensation and for return of the allegedly unutilised land on merits within twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected writ miscellaneous petition is also closed.
23.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To
1. The Chairman, National Highways Authority of India, G 5 and 6, Sector - 10, Dwarka, New Delhi - 110 075.
2. The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Mattuthavani, Madurai - 625 107.
3. The Divisional Engineer, National Highways Authority of India, No.1, East Avenue Rajarajeshwari Nagar, NGO “B” Colony, Tirunelveli, Tirunelveli - 627 007.
4. The Project Director, National Highways Authority of India, 395/3-1, M.S. Road, Majestic Colony, Near to Ayyappan Temple, Parvathipuram, Nagarcoil - 629 163.
5. The District Collector, District Collector Office, Kanniyakumari, Kanniyakumari District. 6. The Special District Revenue Officer, Land Acquisition, Highways (Schemes), District Collector Campus, Tirunelveli, Tirunelveli - 627 009.
7.The Special Thasildar (Land Acquisition), National Highways (Schemes), Thovalai, Kanniyakumari - 629 001.
SENTHILKUMAR RAMAMOORTHY , J.
RJR W.P.(MD)No.26325 of 2025
