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2026 DAILYLAW 48818 (MAD)

T.Ramesh v. The Commissioner (Land Administration)

WP(MD)/19394/2026 · 2026-07-10

S Srimathy

Transfer Petitionbody2026

Judgment text

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W.P.(MD)No.19394 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.19394 of 2026 and WMP(MD).No.14365 of 2026 T.Ramesh ... Petitioner Vs. 1. The Commissioner (Land Administration), Land Administrate Department, Ezhilagam, Cheppakam, Chennai- 600 005. 2. The District Collector/Land Acquisition Officer Kanyakumari District, at Nagercoil. 3. The Divisional Railway Manager (DRM) Southern Railways, Thiruvananthapuram Division, Thiruvananthapuram, Kerala State. 4. The Senior Divisional Engineer Southern Railways 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 Thiruvanathapuram, Kerala State. 5. The Deputy Chief Engineer (Construction) Southern Railway Related to Railway Land Acquisition Divisional Office Building, T.C.24/466 Gandhi Bhavan Road, Housing Board Thycaud, Trivandrum Kerala State - 695 014. 6. The Special District Revenue Officer Office of District Revenue Officer, Nagercoil, Kanyakumari District. 7. The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram, Kanyakumari District. 8. The Tahsildar Vilavancode Taluk, Kuzhithurai, Kanyakumari District. 9. The Special Tahsildar Office of Special Tahsildar (Land Acquisition (Railway) Tiruvananthapuram - Kanyakumari Wing No.2 Division Alagiya Mandapam 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 Kanyakumari District. 10. The Village Administrative Officer Kaliyakkavilai Village Vilavancode Taluk, Kaliyakkavilai Post, Kanyakumari District. 11. The District Registrar District Registration Office Marthandam - 629 165 Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent to consider the Petitioner's representation dated 01.04.2026 and to refix the Fair Compensation on the basis of present Market Price of Rs.8,00,000/- (Eight Lakhs) per cent (Rs. 19,767/- per square meter) for the Petitioner's land acquired in Land Survey No. 28/23 to an extent of 25.2 cents (1020 square meter) and Survey No.28/24 to an extent of 2 cents (80 square meter) of Kaliyakkavilai Village, Vilavancode Taluk, Kanyakumari District and also provide alternative pathway to reach the Petitioners house from Kaliyakkavilai Panakalai State Highway within the stipulated time fixed by this Court. 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 For Petitioners : Mr.M.R.Sreenivasan For Respondent : Mr.I.Pinaygash Counsel for the State of Tamil Nadu (For R1, R2 & R6 to R11) Mr.Govindaraiah, Deputy Solicitor General of India (For R3 to R5) O R D E R This petition has been filed seeking to direct the 2nd Respondent to consider the Petitioner's representation dated 01.04.2026 and to refix the Fair Compensation on the basis of present Market Price of Rs.8,00,000/- (Eight Lakhs) per cent (Rs.19,767/- per square meter) for the Petitioner's land acquired in Land Survey No.28/23 to an extent of 25.2 cents (1020 square meter) and Survey No.28/24 to an extent of 2 cents (80 square meter) of Kaliyakkavilai Village, Vilavancode Taluk, Kanyakumari District and also provide alternative pathway to reach the Petitioners house from Kaliyakkavilai Panakalai State Highway within the stipulated time fixed by this Court. 2. The learned counsel appearing for the petitioner submitted that the petitioner's land was acquired by the second respondent for the purpose of laying 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 the double-line railway track from Eraniel to Parasala, and compensation was determined accordingly. However, the petitioner is dissatisfied with the quantum of compensation awarded. It is the petitioner's contention that the owners of adjacent lands were awarded compensation at a higher rate. It is further submitted that the subject land is situated in close proximity to the National Highway and, therefore, commands a higher market value. According to the petitioner, the second respondent has determined the compensation solely on the basis of the guideline value instead of the prevailing market value. Hence, the petitioner is aggrieved by the determination of compensation. 3. Heard the learned counsel appearing for the respondents 1, 2, 6 to 11 and the learned Deputy Solicitor General of India appearing for the respondents 3 to 5. 4. This Court is of the considered view that the District Collector is the appropriate authority to consider the petitioner's grievance. Accordingly, the second respondent is directed to consider the petitioner's representation dated 01.04.2026 and pass appropriate orders on merits, in accordance with law, after 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 affording the petitioner an opportunity of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5. The petitioner has also sought access to his residential house situated in the disputed property. The second respondent shall consider the said request and pass appropriate orders in accordance with law. In the event the District Collector arrives at the conclusion that the compensation already determined is adequate, and if the petitioner continues to dispute the quantum of compensation, the District Collector shall make an appropriate reference to the Principal District Court, as contemplated under the relevant statutory provisions. 6. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 10.07.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm Note: Issue order copy on 14.07.2026 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 To 1. The Commissioner (Land Administration), Land Administrate Department, Ezhilagam, Cheppakam, Chennai- 600 005. 2. The District Collector/Land Acquisition Officer Kanyakumari District, at Nagercoil. 3. The Divisional Railway Manager (DRM) Southern Railways, Thiruvananthapuram Division, Thiruvananthapuram, Kerala State. 4. The Senior Divisional Engineer Southern Railways Thiruvanathapuram, Kerala State. 5. The Deputy Chief Engineer (Construction) Southern Railway Related to Railway Land Acquisition Divisional Office Building, T.C.24/466 Gandhi Bhavan Road, Housing Board Thycaud, Trivandrum Kerala State - 695 014. 7/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 6. The Special District Revenue Officer Office of District Revenue Officer, Nagercoil, Kanyakumari District. 7. The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram, Kanyakumari District. 8. The Tahsildar Vilavancode Taluk, Kuzhithurai, Kanyakumari District. 9. The Special Tahsildar Office of Special Tahsildar (Land Acquisition (Railway) Tiruvananthapuram - Kanyakumari Wing No.2 Division Alagiya Mandapam Kanyakumari District. 10. The Village Administrative Officer Kaliyakkavilai Village Vilavancode Taluk, Kaliyakkavilai Post, Kanyakumari District. 11. The District Registrar District Registration Office Marthandam - 629 165 Kanyakumari District. 8/9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19394 of 2026 S.SRIMATHY, J msrm Order made in W.P.(MD)No.19394 of 2026 and WMP(MD).No.14365 of 2026 10.07.2026 9/9 https://www.mhc.tn.gov.in/judis