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2025 DAILYLAW 8339 (MAD)

S.DURAI v. THE STATE OF TAMIL NADU

WP/15807/2025 · 2026-07-08

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

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WP No. 15807 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY W.P. Nos. 15807, 15816, 15818, 15821, 31669, 15811 and 15815 of 2025 and W.M.P.No.23058 of 2026 WP No. 15807 of 2025 1. S.Durai S/o Subramani, No 3, Veerakumar Street, Subham Nagar, Phase Iii, Jamin Pallavaram, Chennai Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, Commissioner of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acquisition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 WP No. 15816 of 2025 1. T.S. Paramasivam S/o Sundaram Pillai, No 839, Thatthojiyappa Lane, East Main Road, Tanjavur 613 001 Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acqusition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) WP No. 15818 of 2025 1. M. Navamani W/o P. Marimuthu, No 33/15, Bharathi Nagar Main Road, Nesappakkam, Chennai 600 078 Petitioner(s) https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acquisition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) WP No. 15821 of 2025 1. P. Marimuthu S/o Ponnaiya, No 33/15, Bharathi Nagar Main Road, Nesappakkam Chennai 600 078 Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai 600 005 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acquisition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) WP No. 31669 of 2025 1. R.Jeyaprakash S/o.Ramasamy, Rjr Elite, S1, Second Floor, No.68, First Street, Balaji Nagar, Alwar Thirunagar, Valasaravakkam, Chennai-600 087. Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai-600 005. 2.The District Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram-631 502. 3.The Special Tahsildar Land Acquisition, O/o.The Special Tahsildar, Kundrathur Taluk, Kundrathur-600 069. Page 4 of 13 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 4.The Executive Engineer (PWD) The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur-602 001. Respondent(s) WP No. 15811 of 2025 1. Geetha W/o T.B. Mohandas No 32, 7th Street, Bakthavachalam Nagar, Pazhavanthangal, Chennai 600 114 Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acquisition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 WP No. 15815 of 2025 1. S. Gopalakrishnan S/o Sengaiah, A4, 11d, Olympia Grande, 328, Gst Road, Pallavaram, Chenai, Kancheepuram District 600 043 Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. By Its Secretary, The Commissioner Of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acquisition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 Respondent(s) WP No. 15807 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass an Award of Compensation and along with interest within a stipulated period of time for the acquisition proceedings in Plot No 4, Old https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 Survey no 514/1 and New Survey No 514/4 an extent of 1610 Sq Ft vide old Patta no 9685 acquired for the development of the scheme as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent. WP No. 15816 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass an Award of Compensation and along with interest within a stipulated period of time for the acquisition proceedings in Plot No 133A, Old Survey No 659/1 and New Survey no 659/20 an extent of 2400 SqFt vide Patta No 9401 as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent. WP No. 15818 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass an Award of Compensation and along with interest within a stipulated period of time for the acquisition proceedings in Plot No 3 Old Survey No 514/1 and New Survey no 514/1A4B an extent of 1400 SqFT vide Old Patta No 1667 as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent. WP No. 15821 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 consider and pass an Award of Compensation and along with interest within a stipulated period of time for the acquisition proceedings in Plot No 3 Old Survey No 514/1 and New Survey no 514/1A4A an extent of 1400 SqFT vide Old Patta No 1667and out of 1400 SqFt considerable portion of land was acquired But I cannot enjoy peaceful and fruitfully with left out remaining poration of unacquired land and they considered the petitioner to entitle the compensation for the whole land as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent and pass WP No. 31669 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass an award of the difference amount of compensation for a sum of Rs.53,08,445/- (Rupees Fifty three lakhs and eight thousand four hundred and forty five only) between the sum arrived by the 2nd respondent dated on 26.12.2024 through private negotiation, the accepted compensation for a sum of Rs.1,59,25,298/- (Rupees one Crore Fifty Nine Laksh Twenty Five Thousand two Hundred and ninety eight only) and on 05.05.2025 a revised sum of Rs.1,06,16.853/- (Rupees one crore six lakhs sixteen thousand eight hundred and fifty three only) in survey No.519/1, out of 1.50 acres a considerable portion of land 1283 sq.mtr was acquired and to pay the compensation for about 400 feet compound wall situated in the very same survey Number 519/1, was not considered by the 2nd respondent and to pay the interest for the whole sum within stipulated period of time was acquired for the development of the scheme by the 4th respondent. https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 WP No. 15811 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd Respondent to consider and pass an Award of Compensation and along with interest within a stipulated period of time fro the acquisition proceedings in I submit that I have purchased a vacant Plot 165B Old Survey No 659/3 and New Survey No 659/21 and extent of 2400 Sqft vide Patta No 9402 as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent. WP No. 15815 of 2025 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass an Award of Compensation and along with interest within a stipulated period of time for the acquisition proceedings Plot No 178, 1200 SqFt in Survey no 659 / 1A1A and 600 SqFt in 659 / 1A1B totally an extent of 1800 SqFt as per the proceedings in Na.Ka. No 4086 / 2020 / F1 dated 28.04.2023 acquired for the development of the scheme by the 4th respondent. For Petitioner(s): in all W.Ps. Mr. T.Arulselvan For Respondent(s): in all W.Ps. Mr.T.Gowthaman Additional Advocate General assisted by Ms.Inthu Karunakaran Government Counsel https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 COMMON ORDER These Writ Petitions have been filed seeking the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioners' claim for determination and passing of an Award determining compensation, together with the applicable statutory interest, in respect of the lands acquired, within a time frame to be fixed by this Court. 2. The learned counsel appearing for the petitioners submitted that the 2nd respondent issued a Public Notice for the acquisition of lands for the widening and restoration of the Adyar River from Sembarambakkam to Anakaputhur Bridge. Pursuant thereto, the lands belonging to the petitioners were acquired. It was further submitted that the compensation was initially fixed through private negotiations at the rate of Rs.4,413.35 per square metre. However, the respondents subsequently and unilaterally reduced the compensation to one- third of the negotiated amount, which, according to the petitioners, is arbitrary and contrary to law. Aggrieved thereby, the petitioners submitted representations dated 18.03.2025, 02.04.2025 and 03.06.2025 requesting reconsideration of their claim. Since no orders have been passed on the said representations till date, the petitioners have approached this Court seeking appropriate directions. Page 10 of 13 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 3. Per contra, the learned Additional Advocate General appearing for the respondents submitted that the representations submitted by the petitioners would be duly considered on their own merits, after verification of all relevant records and documents produced by the petitioners and after affording them an opportunity of personal hearing. It was further submitted that appropriate orders would be passed strictly in accordance with law. 4. Recording the aforesaid submission of the learned Additional Advocate General, this Court directs the 2nd respondent (District Collector, Kancheepuram) to consider the petitioners' representations dated 18.03.2025, 02.04.2025 and 03.06.2025, afford an opportunity of personal hearing to the petitioners, examine all the relevant records, and pass reasoned orders on merits and in accordance with law, keeping in view the law laid down by this Court as well as the Hon'ble Supreme Court, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5. With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 08-07-2026 Asi https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 To 1. The Secretary, The Commissioner of Land Administration, Chepauk, Chennai 600 005 2.The Director Collector Kancheepuram District Collectorate, Collectorate Compound, Kancheepuram 631 502 3.The Special Tahsildar Land Acqusition, O/o The Special Tahsildar, Kundrathur Taluk, Kundrathur 600 069 4.The Executive Engineer The Office Of The Executive Engineer, Department Of Water Resources, Kosasthalai River Division, Thiruvallur 602 001 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis WP No. 15807 of 2025 KRISHNAN RAMASAMY J. Asi WP Nos. 15807, 15816, 15818, 15821, 31669, 15811 and 15815 of 2025 and W.M.P.No.23058 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis