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P.S.Kumar v. the District Collector

Madras HC6 Oct 2025WP/28969/2025

Case brief

AI extract

What is this about?

Land acquisition compensation reference to wrong forum; Sub-Judge versus Principal District Court; Section 53(a) RFCTLARR Tamil Nadu Amendment Act 2014; jurisdictional District Judge; transfer of LAOP.No.7 of 2024; District Collector Kancheepuram Ref.No.RC.32/2012 dated 19.02.2024; SIPCOT Irungattukottai Expansion Scheme; Special Tahsildar; Pillaipakkam Village Sriperumbudur Taluk; 27.53 1/2 acres; writ disposed with transfer direction; Madras High Court; Krishnan Ramasamy J.; 06-10-2025.

What did the court decide?

Writ petition disposed of with directions: Sub-Judge, Kancheepuram to transfer LAOP.No.7 of 2024 to the Principal District Court, Kancheepuram within three weeks; Principal District Judge to take the LAOP on record and pass appropriate orders on merits and in accordance with law. No costs; connected miscellaneous petitions closed.

P.S.Kumar Vs the District Collector — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the reference order dated 19.02.2024, which sent the compensation determination to the Sub-Judge, Kancheepuram, was wrongly made, given that under Section 53(a) of the 2014 Tamil Nadu Amendment Act the appropriate authority is the jurisdictional District Judge and the reference must be made to the Principal District Court, Kancheepuram.

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Court's answer

As per Section 53(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014, the appropriate authority to determine compensation is the jurisdictional District Judge, and the reference had to be made only to the Principal District Court, Kancheepuram.

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Ratio / Principle

The Court directed the Sub-Judge, Kancheepuram to transfer LAOP No.7 of 2024 to the Principal District Court, Kancheepuram within three weeks from receipt of a copy of the order, and the Principal District Judge, Kancheepuram to take the LAOP on record and pass appropriate orders on merits and in accordance with law.

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Detailed headnote1 paragraphs

Madras High Court (Krishnan Ramasamy J.) disposed of a writ petition under Article 226 by four landowners challenging a reference order dated 19.02.2024 in Ref.No.RC.32/2012 passed by the District Collector, Kancheepuram, which referred their land-acquisition compensation claim (lands in Pillaipakkam Village, Sriperumbudur Taluk, acquired for the SIPCOT Irungattukottai Expansion Scheme) to the Sub-Judge, Kancheepuram, where it was registered as LAOP.No.7 of 2024. Holding that under Section 53(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 the appropriate authority is the jurisdictional District Judge, the Court directed the Sub-Judge to transfer LAOP.No.7 of 2024 to the Principal District Court, Kancheepuram within three weeks, and the Principal District Judge to take it on record and pass appropriate orders on merits. No costs; connected miscellaneous petitions closed.

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WP No. 28969 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-10-2025

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CORAM

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THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY

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WP No. 28969 of 2025 AND

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WMP NO. 32499 OF 2025,WMP NO. 32500 OF 2025

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1.P.S.Kumar

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No.53, Jublee Road, West Mambalam, Chennai-33.

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2.P.Chandrsekar

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No.53, Jublee Road, West Mambalam, Chennai-33.

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3.G.Senthamarai Selvi Rep. By Their Power Agent, S.Gunasekara Pandian, No.53, Jublee Road, West Mambalam, Chennai-33.

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4.S.Gunasekara Pandian,

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No.53, Jublee Road, West Mambalam, Chennai-33.

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Petitioner(s)

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1.The District Collector Kancheepuram District, Kancheepuram.

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

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2.The Special Tahsildar Sipcot, Irungattukottai Expansion Scheme, Door No.13a, C.S.I. School Lane, Nehru Street, Sriperumbudur.

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3.The Secretary, Revenue Department, Secretariat, Fort St. George, Chennai-600 009.

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Respondent(s)

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned reference order passed for the first respondent in Ref. No.RC. 32/2012 dated 19.02.2024 by quashing the same and further directing the first respondent to refer the dispute for determination of compensation under the New Act namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 for the acquisition of the petitioners land comprised in Survey Nos.44/2A, 44/2B, 44/3A, 44/3B, 44/3C, 44/4, 44/5, 44/6, 44/7A, 44/7B, 44/9A, 44/9B, 44/9C, 44/10, 44/11, 44/12, 44/13, 44/14, 45/1A, 45/16, 45/1C, 45/2, 45/3, 45/5, 45/6A, 45/6B, 45/4, 46A/5, 54A/2A, 54A/3E, 46A/1, 46A/2, 46A/3, 46A/4A(Pt), 46A/4B (Pt), 46A/6, 54A/1A, 54A/1B, 54A/1C, 54A/3A(Pt), 54A/3B, 54A/3C, 54A/3D, 23/7B, 24/1, 24/2, 25/8, 25/9 and 21A/2 to an extent of 27.53 1/2 acres in Pillaipakkam Village, Sriperumbudur Taluk by sending the reference letter to the Jurisdictional District Court.

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

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WP No. 28969 of 2025

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For Petitioner(s): Mr.V.Nallasenapathy For Respondent(s): Mr.P.Sathish Additional Government Pleader

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ORDER

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This writ petition has been filed by the petitioner challenging the

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impugned reference order passed by the 1st respondent in Ref.No.RC. 32/2012

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dated 19.02.2024.

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2.Learned counsel for the petitioner would submit that the reference order

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in RC.No.32/2012 dated 19.02.2024 has been passed by the 1st respondent directing the Sub-Judge, Kancheepuram to take the petitioner's case for determination of compensation on file and dispose of the same. As per the reference order dated 19.02.2024, the Land Acquisition Original Petition was numbered as LAOP.No.7 of 2024 on the file of the Subordinate Court,

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Kancheepuram.

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3.He would further submit that as per Section 53 (a) of the Right to Fair

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Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014, the appropriate Authority to determine the compensation is jurisdicational District Judge and therefore, the

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matter has to be referred only to the Principal District Court, Kanceepuram. Hence, he prayed to quash the impugned reference order dated 19.02.2024 with

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a direction to the 1st respondent to refer the matter to the Principal District

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Court, Kanceepuram.

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4.Learned Additional Government Pleader appearing for the respondents would fairly submit that the reference order was made to the Sub-Judge, Kancheepuram instead of Principal District Judge, Kancheepuram. Hence, he prayed to pass appropriate orders to Sub-Judge, Kancheepuram to transfer Land Acquisition Original Petition in LAOP.No.7 of 2024 to the Principal District

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Court, Kancheepuram.

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WP No. 28969 of 2025

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5.Heard the learned counsel for the petitioner as well as the learned

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Additional Government Pleader appearing for the respondents and perused the

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materials available on record.

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6.Considering the submissions made by the learned counsel for the

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petitioner and the learned Additional Government Pleader appearing for the respondents, it is evident that the reference order dated 19.02.2024 was passed

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by the 1st respondent to the Sub-Judge, Kancheepuram to take the petitioner's

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case for determination of compensation on file and dispose of the same.

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However, as per Section 53 (a) of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014, the appropriate Authority to determine the compensation is jurisdicational District Judge and the reference has to be made only to the Principal District Court, Kancheepuram. Hence, this Court directs the Sub-Judge, Kancheepuram to transfer the LAOP No.7 of 2024 to the

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

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Principal District Court, Kancheepuram, within a period of three weeks from

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the date of receipt of a copy of this order. In which case, the Principal District

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Judge, Kancheepuram is directed to take the LAOP.No.7 of 2024 on record and

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pass appropriate orders, on merits and in accordance with law.