Extracted from the PDF above. The PDF is authoritative.
W.P.No.4722 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.03.2025 CORAM THE HONOURABLE MR.JUSTICE
N.ANAND VENKATESH
W.P.No.4722 of 2025 and W.M.P.No.5257 of 2025 M.Babu .. Petitioner Vs. 1.The State of Tamilnadu, Rep by its Additional Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, ST. George fort, Chennai – 600 009. 2.The Principle Secretary to Government, State of Tamilnadu Highway Department, St. George fort, Chennai – 600 009. 3.The District Collector, Thiruvallur District Collector Office, Thiruvallur – 602 001. 4.The Director, Rural Development and Panchayat Raj Department, Directorate of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai – 600 015. 5.The Block Development Officer, Kottakarai, Gummudipoondi, Thiruvallur – 602 001. 1/6 https://www.mhc.tn.gov.in/judis
W.P.No.4722 of 2025 6.The Divisional Engineer, State Highway Department, Thiruvallur Division, Thiruvallur – 602 001. 7.The Assistant Divisional Engineer, State Highway Department, Construction and Maintenance, Gummidipoondi Sub Divisional, GNT Road, Gummidipoondi, Thiruvallur District – 601 201. 8.The Thasildar, Gummidipoondi Taluk office, Gummidipoondi, Thiruvallur – 601 201. 9.The Taluk Head Surveyor, Gummidipoondi Taluk office, Gummidipoondi, Thiruvallur – 601 201. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 9 to determine compensation payable to petitioner in respect of the aforementioned acquired parts of lands compromised in Survey No.132 vide Patta No.3082, measuring an extent of Hectare 02-67.00 Ares of Agiruculture land in Serpedu Village, Gummidipoondi Taluk, Thiruvallur District, in accordance with right to fair compensation and transparency in land acquisition, rehabilitation & resettlement Act 2013 or any other equivalent or appropriate act and pay the compensation in tune with market value with solatium, interest, betterment charges etc., For petitioner : Mr.K.Yuvaraj For Respondents : Mr.P.Sathish Additional Government Pleader 2/6 https://www.mhc.tn.gov.in/judis
W.P.No.4722 of 2025 O R D E R This writ petition has been filed for the issue of writ of mandamus directing the respondents to determine the compensation amount payable to the petitioner with respect to the subject property which was utilized by the respondents for laying the road without following the due process of law. 2.When the matter was taken up for hearing on 18.02.2025, this Court directed the learned Additional Government Pleader to take instructions in this case.
3.When the matter was taken up for hearing today, the learned Additional Government Pleader based on the written instructions received from the 8th respondent submitted that a portion of the patta land belonging to the petitioner has been utilized for the purpose of laying the road and that the road is now under use and therefore, the compensation amount will be determined and paid to the petitioner. For proper appreciation, the relevant paragraph in the written instructions is extracted hereunder: 3/6 https://www.mhc.tn.gov.in/judis
W.P.No.4722 of 2025
“nkw;go g[y vz;/132 ? bkhj;j tp!;jPuzk; 2/67/00 ??f;nlu; epyj;jpy; xU gFjp tp!;jPuzk; 0/10/00 Vu;!; epyj;jpy; vUf;Ftha; g";rhaj;J K:ykhf nru;ngL fpuhkj;jpy; jhu; rhiy mikf;fg;gl;L mr;rhiy jw;nghJ rpjpykile;J brk;kz; rhiyahf nfhl;lf;fiu bry;ypak;kd; nfhtpy; bry;tjw;F tHpg;ghijahf gad;gLj;jg;gLfpd;wJ vd;gija[k; nkw;go rhiy mikf;fg;gl;Ls;s tp!;jPuzk; 0/10/00 Vu;!; epyj;jpw;F rk;ge;jg;gl;l Jiwapd; K:ykhf cupa ,Hg;gPL bjhif tH';f eltof;if nkw;bfhs;sg;gLk;
vd;gija[k;
nkw;go g[yj;jpw;fhd fpuhk g[y tiuglk; kw;Wk; bjhlu;g[ila fpuhk fzf;Ffs; aht[k; ,izj;J mDg;g[fpnwd; vd;gij gzpt[ld; bjuptpj;Jf;bfhs;fpnwd;/” 4.In the light of the grievance expressed by the petitioner and in the light of the stand taken by the respondents, there shall be a direction to the 5th respondent to immediately initiate steps to determine the compensation amount payable to the petitioner towards utilizing the patta land for the purpose of laying the road. This compensation amount shall be determined under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The compensation shall be determined and paid to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this 4/6 https://www.mhc.tn.gov.in/judis
W.P.No.4722 of 2025 order. 5.In the result, this Writ Petition is disposed of with the above directions. Consequently, the connected Miscellaneous Petition is closed. No costs. 11.03.2025 krk Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No To 1.The State of Tamilnadu, Rep by its Additional Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, ST. George fort, Chennai – 600 009. 2.The Principle Secretary to Government, State of Tamilnadu Highway Department, St. George fort, Chennai – 600 009. 3.The District Collector, Thiruvallur District Collector Office, Thiruvallur – 602 001.
4.The Director, Rural Development and Panchayat Raj Department, Directorate of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai – 600 015. 5/6 https://www.mhc.tn.gov.in/judis
W.P.No.4722 of 2025 5.The Block Development Officer, Kottakarai, Gummudipoondi, Thiruvallur – 602 001. N.ANAND VENKATESH, J. krk 6.The Divisional Engineer, State Highway Department, Thiruvallur Division, Thiruvallur – 602 001. 7.The Assistant Divisional Engineer, State Highway Department, Construction and Maintenance, Gummidipoondi Sub Divisional, GNT Road, Gummidipoondi, Thiruvallur District – 601 201. 8.The Thasildar, Gummidipoondi Taluk office, Gummidipoondi, Thiruvallur – 601 201. 9.The Taluk Head Surveyor, Gummidipoondi Taluk office, Gummidipoondi, Thiruvallur – 601 201. W.P.No.4722 of 2025 11.03.2025 6/6 https://www.mhc.tn.gov.in/judis