Allowed¶25

Kamalathal v. The District Collector

Madras HC12 Mar 2025WP/1000/2023

Case brief

AI extract

What is this about?

Keywords: National Highways Act 1956; Section 3G(5); land acquisition compensation enhancement; District Collector Tiruppur; NH 47 & 67; Competent Authority/Special District Revenue Officer (Land Acquisition); appeal pending since 07.02.2011; refusal letter dated 16.11.2022 quashed; writ of certiorarified mandamus; Article 226; three-month disposal direction; Madras High Court writ petition 2023. Relevant where a land-acquisition appellate authority refuses to entertain an enhancement appeal claiming none was filed under S.3G(5) NH Act despite the appeal being on record and enquiry notices having issued.

What did the court decide?

Quashing of the 1st respondent's impugned letter dated 16.11.2022 and a direction to the 1st respondent to dispose of the petitioner's appeal dated 07.02.2011 on merits within three months; no costs. ¶25

Kamalathal Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.03.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.1000 of 2023

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Kamalathal …. Petitioner

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-Vs-

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1.The District Collector Tiruppur.

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2.The Competent Authority/ Special District Revenue Officer (Land Acquisition) N.H.47 & 67, Door No.3 Savarimuthu Chettiar Street Red Fields, Coimbatore-45.

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.. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of 1^st respondent's impugned letter in Na.Ka.14946/2011/U3, dated 16.11.2022 and quash the same, consequently direct the 1^st respondent to dispose the petitioner's appeal, dated 07.02.2011 pending on the file of 1^st respondent in Na.Ka.No.14946 of 2011/U1C.Pa.No.51-A/2011 within a stipulated time as fixed by this Court.

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For Petitioners : Mr.S.Kousik

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For Respondents : Mr.A.Selvendran Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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ORDER

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This writ petition has been filed challenging the impugned letter of the 1^st respondent dated 16.11.2022 and for a consequential direction to the 1^st respondent to dispose of the appeal filed by the petitioner on 07.02.2011, within the time frame fixed by this Court.

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2.Heard Mr.S.Kousik,learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents.

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3.The 1^st respondent has issued the impugned letter dated 16.11.2022, refusing to hear the case of the petitioner on merits on the ground that no appeal has been filed by the petitioner under Section 3G(5) of National Highways Act, 1956. To substantiate the same, a counter affidavit running to 8 pages has also been filed.

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4.On the materials placed before this Court, it is quite obvious that the petitioner has in fact filed an appeal before the 1^st respondent and based on the same, the 1^st respondent has issued notice to the petitioner to attend for enquiry atleast on two occasions. Therefore, it is quite unfortunate that the 1^st respondent has rejected the appeal on a flimsy ground that no appeal was filed by the petitioner. After having taken over the property belonging to the petitioner, the petitioner is being made to run from pillar to post seeking for enhancement of compensation from the year 2011 onwards.

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https://www.mhc.tn.gov.in/judis

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5.In the light of the above discussion, the impugned letter of the 1^st respondent dated 16.11.2022, is hereby quashed. There shall be a direction to the 1^st respondent

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to deal with the appeal filed by the petitioner on 07.02.2011 on merits and pass final orders within a period of three months from the date of receipt of copy of the order.

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6.In the result, this writ petition is allowed with the above directions. No costs.

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12.03.2025

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Index : Yes/No NCS : Yes/No KP

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1.The District Collector Tiruppur. 2.The Competent Authority/ Special District Revenue Officer (Land Acquisitoin) N.H.47 & 67, Door No.3 Savarimuthu Chettiar Street Red Fields, Coimbatore-45.

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N.ANAND VENKATESH, J.

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3 / 4

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.1000 of 2023

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12.03.2025 2/2

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