R.Mary Stella v. The Commissioner, (Land Administration)
WP(MD)/18858/2026 · 2026-07-07
S Srimathy
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 46660 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46660 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(MD). No.18858 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/07/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY WP(MD). No.18858 of 2026 and WMP(MD).No.13951 of 2026 and 14133 of 2026 R.Mary Stella
... Petitioner Vs
1. The Commissioner, (Land Administration), Land Administration Department, Ezhilagam, Chepauk, Chennai 600 005.
2. The District Collector / Land Acquisition Officer, Kanyakumari District at Nagercoil.
3. The Divisional Railway Manager (DRM), Southern Railways, Thiruvanathapuram Division, Thiruvanathapuram, Kerala State..
4. The Senior Divisional Engineer, Southern Railways, Thiruvanathapuram, Kerala State..
5. The Deputy Chief Engineer(Construction), 1/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 Southern Railway, Related to Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivendram, Kerala State.
6. The District Revenue Officer, Office of District Revenue Officer, Nagercoil, Kanyakumari District.
7. The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram, Kanyakumari District.
8. The Special Tahsildar, Office of Special Tahsildar, (Land Acquisition (Railway)), Tiruvanathapuram- Kanyakumari Wing No.2, Division, Azhiya Mandapam, Kanyakumari District. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st respondent to consider the petitioners representation dated 15.05.2026 and further direct the respondents to refix the Fair Compensation on the Basis of the todays Market Price of Rs.10,00,000 /-(Ten Lakhs) per cent for 3.700 cents (150 square meters) for the petitioner land acquired in Re.Survey No. 177/2A, Nalloor Village, Vilavancode Taluk, Kanyakumari District with 2.25 factor amount, 25 percentage Bonus and 100 percentage Solatium and provide Rehabilitation and Resettlement for the petitioners livelihood within a time stipulated by this Court. 2/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 For Petitioner : M.R.Sreenivasan,
Advocate. For Respondents 1, 2 and 6 to 8 : Mr.K. Saravanan,
Counsel for State For respondents 3 to 5 : Mr. R. Senthil Kumar
ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 15.05.2026 and consequently direct the respondents to re-fix the compensation payable to the petitioner on the basis of the prevailing market value of Rs.10,00,000/- (Rupees Ten Lakhs only) per cent for the land measuring 3.700 cents (150 square metres) comprised in Re-survey No.177/2A, Nalloor Village, Vilavancode Taluk, Kanyakumari District, acquired for the railway double-line project, by applying the multiplier factor of 2.25, together with 25% additional amount, 100% solatium, and by providing rehabilitation and resettlement benefits, within a time frame to be stipulated by this Court. 2. The learned counsel for the petitioner submitted that the 3/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 petitioner's land was acquired by the respondents for the railway double- line project. It is submitted that the acquired land contained several coconut trees, jackfruit trees and other valuable trees. It is further submitted that the petitioner is dependent upon the said land for his livelihood. 3. The grievance of the petitioner is that the respondents have awarded compensation only towards the value of the land, without extending the benefits relating to rehabilitation and resettlement and other statutory entitlements contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is further contended that the compensation has been determined on the basis of the guideline value instead of the prevailing market value. 4. In the above circumstances, the petitioner submitted a representation dated 15.05.2026 seeking re-determination of the compensation and grant of all statutory benefits. Since no orders have been passed on the said representation, the present Writ Petition has been 4/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 filed. 5. Considering the limited nature of the relief sought, this Court, without expressing any opinion on the merits of the petitioner's claim, directs the first respondent to consider the petitioner's representation dated 15.05.2026 in the light of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, particularly Section 13(h) thereof, relating to determination of compensation and rehabilitation and resettlement benefits, and pass appropriate orders in accordance with law, after affording the petitioner an opportunity of hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
Until the petitioner's representation is considered and appropriate orders are passed, the respondents shall not dispossess or evict the petitioner from the subject property, if she continues to be in possession. 5. With the above directions, this Writ Petition stands disposed of. 5/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 No costs. Consequently, the connected Miscellaneous Petitions are closed. 07.07.2026 TRP Index : yes / no Internet : yes / no Issue order copy on 10.07.2026 TO
1. The Commissioner, (Land Administration), Land Administration Department, Ezhilagam, Chepauk, Chennai 600 005. 2. The District Collector / Land Acquisition Officer, Kanyakumari District at Nagercoil. 3. The Divisional Railway Manager (DRM), Southern Railways, Thiruvanathapuram Division, Thiruvanathapuram, Kerala State.. 4. The Senior Divisional Engineer, Southern Railways, Thiruvanathapuram, Kerala State.. 5. The Deputy Chief Engineer(Construction), Southern Railway, 6/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 Related to Railway Land Acquisition Divisional Office Building, T.C.24/466, Gandhi Bhavan Road, Housing Board, Thycaud, Trivendram, Kerala State. 6. The District Revenue Officer, Office of District Revenue Officer, Nagercoil, Kanyakumari District. 7. The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram, Kanyakumari District. 8. The Special Tahsildar, Office of Special Tahsildar, (Land Acquisition (Railway)), Tiruvanathapuram- Kanyakumari Wing No.2, Division, Azhiya Mandapam, Kanyakumari Distri. 7/8 https://www.mhc.tn.gov.in/judis
WP(MD). No.18858 of 2026 S.SRIMATHY,J TRP
ORDER IN WP(MD) No.18858 of 2026 Date : 07/07/2026 8/8 https://www.mhc.tn.gov.in/judis