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2025 DAILYLAW 8912 (MAD)

DR.USHA MUTHUKRISHNAN v. THE STATE OF TAMIL NADU

WP/24950/2025 · 2026-07-16

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 24950 of 2025 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 24950 of 2025 AND WP NO. 20836 OF 2024,WMP NO. 22792 OF 2024,WMP NO. 22797 OF 2024 Dr.Usha Muthukrishnan W/o.Muthukrishnan, No.A1, Srinivasapuram, 41/2, Ecr, Thiruvanmiyur, Chennai-600 041. ..Petitioner(s) Vs 1. The State Of Tamil Nadu Rep.By Its Secretary, Highways And Minor Ports, Secretariat, Fort St. George, Chennai-600 009. 2. The District Collector Chennai District, Chennai. 3. The Special District Reveneu Officer Land Acquisition, Alandur, Chennai-600 016. 4. The Special Tahsildar (l.A) Tamil Nadu Urban Development Scheme-iii, Alandur, Chennai-600 016. ..Respondent(s) WP No. 20836 of 2024 Smt.Dr.Usha Muthukrishnan, W/o. Mr. Muthukrishnan, No A1, Srinivasapuram, 41/2, Ecr, Thiruvanmiyur, Chennai -600 041. ..Petitioner(s) Vs 1. The State Of Tamil Nadu, Rep. By Its Secretary, Highways And Minor Ports, Secretariat, Fort St. George, Chennai -600 009. 2. The Special District Revenue Officer, https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page2 of 7 Land Acquisition, Alandur, Chennai -600 016. 3. The Special Tahsildar(l.A), Tamil Nadu Urban Development Scheme-iii, Alandur, Chennai -600 016. 4. The Assistant Divisional Engineer(h/d), Greater Chennai Development Project, Sub- division-1, Alandur, Chennai. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the respondents to consider and dispose of the petitioner representations including the representation dated 21.11.2024 in the manner known to law. WP No. 20836 of 2024 Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus calling for the notice No. 1/thiruvanmiyur/2024/A.D.E.-1 dated 03.07.2024 issued by the 4th respondent and consequently direct the respondents 1 to 3 to decide petitioner objection dated 11.03.2021 for the determination of compensation as per the provisions of Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 For Petitioner(s) in both W.Ps: Mr.M.K.Kabir, Senior Advocate for Mr.J.Kamaraj For Respondent(s) in both W.Ps: Ms.Inthu Karunakaran, Government Counsel Common Order These Writ Petitions have been filed seeking a direction to determine the compensation as per the provisions of the Right to Fair Compensation and https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page3 of 7 Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, after considering the petitioner’s objections. 2. 2. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the property situated in Chennai District, presently in Velachery Taluk, Thiruvanmiyur Village, on East Coast Road (ECR), in Block No. 37, comprised in S.F. No. 1 Part, measuring an extent of 3,330 sq. ft., by virtue of a registered Sale Deed dated 11.06.1987, and is in peaceful possession and enjoyment of the same. She submitted that in the year 2010, the Special District Revenue Officer (Land Acquisition), Alandur, issued a notice under Section 15(2) of the Tamil Nadu Highways Act, 2001, to acquire a portion of the petitioner’s land to an extent of 1,174 sq. ft. for the purpose of widening the road to form a six-lane highway from Thiruvanmiyur to Akkarai on ECR. The petitioner submitted her objections, and the declaration of acquisition was subsequently published in the Government Gazette on 03.04.2019. However, she was not called for any enquiry. 3. After a period of ten years, a notice was issued for an enquiry regarding the fixation of compensation for the said acquisition, wherein the petitioner appeared, stated her expectations, and made a representation to all the respondents to fix the compensation based on the fair market value. However, without considering the said representation, the respondents passed an Award https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page4 of 7 dated 31.08.2021, fixing the compensation at a very low rate of ₹3,000/- per sq. ft. In the interim, a notice dated 03.07.2024 was issued for the demolition of the structure on the acquired land. The said notice was challenged in the connected W.P. No. 20836 of 2024. The respondents did not serve a copy of the award on the petitioner. Upon coming to know about the passing of the award, the petitioner sent another representation to the respondents on 21.11.2024 seeking enhancement of compensation. Since no action was taken to consider the petitioner's representation, she has approached this Court. 4. The learned Government Counsel appearing for the respondents submitted that the impugned notice dated 03.07.2024 challenged in W.P. No. 20836 of 2024 has become infructuous by the passage of time. With regard to the prayer sought in W.P. No. 24950 of 2025, he submitted that the representation of the petitioner will be considered and disposed of within a period of six weeks. 5. Heard both sides and perused the materials available on record. 6. In view of the submissions made by the learned Government Counsel, this Court directs respondents 3 and 4 to consider the petitioner’s representation dated 21.11.2024 on its own merits and dispose of the same in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Accordingly, W.P. No. 24950 of 2025 stands disposed of. https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page5 of 7 7. Further, since the impugned notice challenged in the connected matter has become infructuous by the passage of time, W.P. No. 20836 of 2024 is dismissed as infructuous. No costs. Consequently connected miscellaneous petitions are closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To 1. The Secretary, Highways And Minor Ports, Secretariat, Fort St. George, Chennai-600 009. 2. The District Collector Chennai District, Chennai. 3. The Special District Reveneu Officer Land Acquisition, Alandur, Chennai-600 016. 4. The Special Tahsildar (l.A) Tamil Nadu Urban Development Scheme-iii, Alandur, Chennai-600 016. 5. The Assistant Divisional Engineer(h/d), Greater Chennai Development Project, Sub-division-1, Alandur, Chennai. https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page6 of 7 KRISHNAN RAMASAMY J. sk WP No. 24950 of 2025 AND WP NO. 20836 OF 2024,WMP NO. 22792 OF 2024,WMP NO. 22797 OF 2024 16-07-2026 https://www.mhc.tn.gov.in/judis WP No. 24950 of 2025 __________ Page7 of 7 https://www.mhc.tn.gov.in/judis