W.P.No.1869 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 28.01.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1869 of 2025 T.Kirubakaran ...Petitioner Vs. 1. The District Collector and Land Acquisition Officer, (Project of Formation of New Broad Gauge), Railway Line between Chinna Salem and Kallakurichi), Office of the District Collector, Kallakurichi. 2. The Special Tahsildhar (Land Acquisition), Southern Railway, Office to the Taluk Tahsildhar, Kallakurichi ..Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 1st respondent to refer the petitioners application dated 14.08.2024 seeking enhancement of lands compensation in respect of petitioner's lands comprised in Re-Survey No. 220/1B2 (0.04.5 ares) 220/1C2 (0.02.5 ares) 221/1B (0.07.0 ares) 221/2B (0.22.0 ares) 221/3 (0.24.5 ares) 221/6A (0.13.0 ares) 221/6E(0.13.0 ares) 221/7A (0.25.5 ares) 221/8A (0.14.0 ares) 1/5 https://www.mhc.tn.gov.in/judis W.P.No.1869 of 2025 221/8B1 (0.14.0 ares) 221/8C1 (0.01.0 ares) 223/5A (0.01.0 ares) 224/1A (0.00.5 ares) 237/2B (0.16.0 ares) 237/3A2 (0.12.0 ares) 237/3B2 (0.16.0 ares) 237/4B (0.45.5 ares) totally to an extent of 2.32.0 ares of lands situated at Kallakurichi village, Kallakurichi Taluk and district to the Appropriate Authority concerned for enhancement of compensation as per Section 8 of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999) read with Section 64 of the Right to Fair Compensation and Transparency in Lands Acquisition, Rehabilitation and Resettlement Act, 2013 within a time frame to be stipulated by this Court. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr. A.Selvendran Special Government Pleader. O R D E R The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for a mandamus directing the 1st respondent to refer the matter to the appropriate authority for enhancement of compensation for the lands acquired from him for the purpose of formation of New Broad Gauge Railway Line between Chinna Salem and Kallakurichi. 2. The petitioner gave a representation dated 07.07.2022 to the 1st 2/5 https://www.mhc.tn.gov.in/judis W.P.No.1869 of 2025 respondent in response to the notice under Section 7(5) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 to pay fair compensation of Rs.8,000/- per square feet for the acquired lands. However, the said request was not considered by the respondents. The 1st respondent determined Rs.45.91 per square feet as compensation for the acquired lands. Dissatisfied with the determination of the low compensation by the 1st respondent, the petitioner sent an application dated 16.08.2024 to the 1st respondent seeking enhancement of land compensation and to refer his application to the appropriate authority concerned as per Section 8 of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997. The 1st respondent, who is bound to refer the matter to the competent Court, has failed to discharge his statutory duty. Therefore, the petitioner is before this Court. 2. Heard the learned counsels on the either side and perused the records. 3. Considering the fact that once the request is made for referring 3/5 https://www.mhc.tn.gov.in/judis W.P.No.1869 of 2025 the matter to the competent Court, the authority concerned is bound to refer the same, a mandamus is issued to the 1st respondent to consider the petitioner's application dated 14.08.2024 and refer the matter to the concerned Court constituted under the Land Acquisition Act within a period of 3 weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 28.01.2025 Index : Yes/No Internet : Yes/No srn To 1. The District Collector and Land Acquisition Officer, (Project of Formation of New Broad Gauge), Railway Line between Chinna Salem and Kallakurichi), Office of the District Collector, Kallakurichi. 2. The Special Tahsildhar (Land Acquisition), Southern Railway, Office to the Taluk Tahsildhar, Kallakurichi 4/5 https://www.mhc.tn.gov.in/judis W.P.No.1869 of 2025 P.T. ASHA. J, srn W.P.No. 1869 of 2025 28.01.2025 5/5 https://www.mhc.tn.gov.in/judis