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2023 DAILYLAW 3475 (MAD)

K.Sakthivel v. The Additional Chief Secretary /

WP/12642/2023 · 2026-04-01

Krishnan Ramasamy

Transfer Petitionbody2023

Judgment text

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WP No. 12642 of 2023 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP Nos. 12642,12714,12718 and 12720 of 2023 and WMP Nos. 12428, 12513, 12518 and 12522 of 2023 W.P.No.12642 of 2023 K.Sakthivel S/o.Kannan, No.64, Kamala Nehru Street, Kallakurichi Post, Kallakurichi Taluk and District. ..Petitioner Vs 1. The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005 . 2. The District Collector / Land Acquisition officer, (Project of Formation of New Broad Gauge Railway line between Chinna salem and Kallakurichi), Kallakurichi, Kallakurichi District. 3. The District Revenue Officer, Kallakurichi, Kallakurichi. 4. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District. 5. The District Registrar (Administration) Kallakurichi, Kallakurichi District. 6. The Special Tahsildar (Land Acquisition), Southern Railways, Kallakurichi, Kallakurichi District. ..Respondents https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page2 of 10 Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus to direct the 1st Respondent to give a fair opportunity to the petitioners for determination of market value under section 7(5) of the Acquisition of land for Industrial purposes Act, 1997(Act 10 of 1999) by accepting the sale deeds which the petitioners produced at the time of hearing of Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997 (Act 10 of 1999) hearing and consequently direct the 1st respondent to give due weightage to deeds as granted under the Section 26 of the Right to Fair Compensation and transparency in the land acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) before determining the fair compensation for the lands of the petitioner comprised in Old Survey No.163/16, New Survey No.163/16B to an extent of 0.04.5 Hectare situated at Kallakurichi Village Kallakurichi Taluk and District. W.P No. 12714 of 2023 1. S.Subbarayan, S/o. Sennapillai,No.06,Vellalar Street,Salem Main Road,Kallakurichi Post, Kallakurichi Taluk and District. 2. S.Selvaraj, S/o. Sennapillai,No.06,Vellalar Street,Salem Main Road,Kallakurichi Post, Kallakurichi Taluk and District. 3. K.Surendhar, S/o.Kannan,No.06,Vellalar Street,Salem Main Road,Kallakurichi Post, Kallakurichi Taluk and District. ..Petitioners Vs https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page3 of 10 1. The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005. 2. The District Collector / Land Acquisition Officer, (Project of Formation of New Broad Gauge Railway line between Chinna Salem and Kallakurichi), Kallakurichi, Kallakurichi District. 3. The District Revenue Officer, Kallakurichi, Kallakurichi. 4. The Revenue Divisional Officer Kallakurichi, Kallakurichi District. 5. The District Registrar (Administration) Kallakurichi, Kallakurichi District. 6. The Special Tahsildar (Land Acquisition), Southern Railways, Kallakurichi, Kallakurichi District. ..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus to direct the 1st respondent to give a fair opportunity to the petitioners for determination of market value under section 7(5) of the Acquisition of land for Industrial purposes Act, 1997(Act 10 of 1999) by accepting the sale deeds which the petitioners produced at the time of hearing of Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997 (Act 10 of 1999) hearing and consequently direct the 1st respondent to give due weightage to deeds as granted under Section 26 of the Right to Fair https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page4 of 10 Compensation and transparency in the land acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) before determining the fair compensation for the lands of the petitioner comprised in Old Survey No.162/1, New Survey No.162/1B to an extent of 0.11.0 Hectare situated at Kallakurichi Village Kallakurichi Taluk and District. WP No. 12720 of 2023 1. P.Kuppan S/o.Ponnusamy, residing at No.462, Meddle Street, Siruvangur Village and post, Kallakurichi Taluk and District. 2. Padmavthi D/o.Mani, residing at No.462, Meddle Street, Siruvangur Village and post, Kallakurichi Taluk and District. 3. Padmapriya D/o.Mani, residing at No.462, Meddle Street, Siruvangur Village and Post, Kallakurichi Taluk and District. ..Petitioners Vs 1. The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005. 2. The District Collector / Land Acquisition Officer, (Project of Formation of New Broad Gauge Railway line between Chinna Salem and Kallakurichi), Kallakurichi, Kallakurichi District. https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page5 of 10 3. The District Revenue Officer, Kallakurichi, Kallakurichi. 4. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District. 5. The District Registrar (Administration), Kallakurichi, Kallakurichi district. 6. The special Tahsildar (Land Acquisition), Southern Railways, Kallakurichi, Kallakurichi District. ..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus to direct the 1st respondent to give a fair opportunity to the petitioners for determination of market value under section 7(5) of the Acquisition of land for Industrial purposes Act, 1997(Act 10 of 1999) by accepting the sale deeds which the petitioners produced at the time of hearing of Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997 (Act 10 of 1999) hearing and consequently direct the 1st respondent to give due weightage to deeds as granted under the Section 26 of the Right to Fair Compensation and transparency in the land acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) before determining the fair compensation for the lands of the petitioners comprised in Old Survey No.163/17, New Survey No.163/17B to an extent of 0.24.0 Hectares situated at Kallakurichi Village Kallakurichi Taluk and District WP No. 12718 of 2023 1. K.Balamurugan S/o.Kaliyan, No.10B, Nepal Street, Kallakurichi Post, Kallakurichi Taluk and District. https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page6 of 10 2. K.Venkatesan S/o.Kaliyan, No.10B, Nepal Street kallakurichi Post, Kallakurichi Taluk and District. ..Petitioners Vs 1. The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-05. 2. The District Collector / Land Acquisition Officer, (Project of Formation of New Broad Gauge Railway line between Chinna Salem and Kallakurichi), Kallakurichi, Kallakurichi District. 3. The District Revenue Officer, Kallakurichi, Kallakurichi. 4. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District. 5. The District Registrar (Administration) Kallakurichi, Kallakurichi District. 6. The Special Tahsildar (Land Acquisition), Southern Railways, Kallakurichi, Kallakurichi District. ..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus to direct the 1st respondent to give a fair opportunity to the petitioners for determination of market value under Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997(Act 10 of 1999) by accepting the sale deeds which the petitioners produced at the time https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page7 of 10 of hearing of Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997 (Act 10 of 1999) hearing and consequently direct the 1st respondent to give due weightage to deeds as granted under the Section 26 of the Right to Fair Compensation and transparency in the land acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) before determining the fair compensation for the lands of the petitioner comprised in Survey No.231/8B to an extent of 0.28.0 Hectare situated at Kallakurichi Village Kallakurichi Taluk and District. For Petitioners: (in all W.P.’s) Mr.P.Rajavel For Respondents: (in all W.P.’s) Mr.T.K.Saravanan Additional Government Pleader C O M M O N O R D E R These Writ Petitions have been filed seeking a direction to the 1st respondent to give a fair opportunity to the petitioners for determination of market value under Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997(Act 10 of 1999) by accepting the sale deeds which the petitioners produced at the time of hearing of Section 7(5) of the Acquisition of land for Industrial purposes Act, 1997 (Act 10 of 1999) and consequently direct the 1st respondent to give due weightage to deeds as granted under the Section 26 of the Right to Fair Compensation and transparency in the land acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) before determining the fair compensation for the lands of the petitioner. https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page8 of 10 2. When these Writ Petitions are taken up for hearing, learned Additional Government Pleader appearing for the respondents would submit that Award was passed granting compensation for the acquired lands of the petitioners on 20.06.2024 and the compensation was deposited in the account of the petitioners by way of ECS on 03.07.2024. 3. Recording the submission made by the learned Additional Government Pleader appearing for the respondents, these Writ Petitions are disposed of giving liberty to the petitioners to challenge the Award, in the manner known to law, within a period of twelve weeks from the date of receipt of a copy of this order, if they are so aggrieved. No costs. Consequently connected Miscellaneous Petitions are closed. 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page9 of 10 To 1. The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-05. 2. The District collector / Land Acquisition officer, (Project of Formation of New Broad Gauge Railway line between Chinna Salem and Kallakurichi), Kallakurichi, Kallakurichi District. 3. The District Revenue Officer, Kallakurichi, Kallakurichi. 4. The revenue divisional officer Kallakurichi, Kallakurichi District. https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page10 of 10 KRISHNAN RAMASAMY J. arr WP Nos. 12642,12714,12718 and 12720 of 2023 01-04-2026 https://www.mhc.tn.gov.in/judis WP No. 12642 of 2023 __________ Page11 of 10 https://www.mhc.tn.gov.in/judis