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S.Gomathi v. the Secretary to Government

Land Acquisition – Fair compensation – Mandamus

Madras HC7 Nov 2025WP/41839/2025

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Case brief

AI extract

What is this about?

Madras High Court, Krishnan Ramasamy J., W.P.No. 41839 of 2025 (07.11.2025): writ of mandamus for reference of land-acquisition compensation dispute; Tamil Nadu Highways Act 2001 (TN Act 34 of 2002) read with Section 64 RFCTLARR Act 2013 (Act 30 of 2013); representation dated 24.06.2025; land extent 114 Sq.Metr; respondents include Secretary to Government (Highways and Minor Ports), District Collector Thiruvallur, Special Tahsildar (LA-2); direction to consider and pass orders within three weeks; disposed, no costs.

What did the court decide?

Writ petition disposed of directing the 3rd respondent to consider the petitioner's request/reference application dated 24.06.2025 and pass appropriate orders in accordance with law within three weeks from receipt of a copy of the order; no costs. ¶35

S.Gomathi Vs the Secretary to Government — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 3rd respondent should be directed, by writ of mandamus, to consider and refer the petitioner's request/reference application dated 24.06.2025 (made under the Tamil Nadu Highways Act, 2001 read with Section 64 of the RFCTLARR Act, 2013, seeking adjudication of fair compensation for her land measuring 114 Sq.Metr by the competent civil court).

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Court's answer

In view of the submissions, the 3rd respondent was directed to consider the request / reference application submitted by the petitioner on 24.06.2025 and pass appropriate orders on the same in accordance with law.

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Ratio / Principle

The consideration and passing of orders was to be completed within a period of three weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Land Acquisition – Fair compensation – Mandamus – After the award, petitioner sought by representation dated 24.06.2025 a reference to the competent civil court for adjudication of fair compensation for her land measuring 114 Sq.Metr, invoking the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) read with Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013); no reference having been made, she filed a writ petition under Article 226. On the learned Additional Government Pleader's submission that the representation would be considered, the 3rd respondent (Special Tahsildar, Land Acquisition) was directed to consider the request/reference application dated 24.06.2025 and pass appropriate orders in accordance with law within three weeks of receipt of a copy of the order. Writ petition disposed of; no costs.

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W.P.No. 41839 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.11.2025

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CORAM

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THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

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W.P.No. 41839 of 2025

S.Gomathi

... Petitioner

Vs.

1.The Secretary to Government, Highways and Minor Ports Department, Fort St.George, Chennai.

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2.The District Collector, Thiruvallur.

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3.The Special Tahsildar (Land Acquisition -2), Highways Department, Division – 1, Thiruvallur (Camp), Poonamallee, Thiruvallur.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3^rd respondent to refer the request/reference application submitted by the petitioner on 24.06.2025 under Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) r/w. Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

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

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W.P.No. 41839 of 2025

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2013 (Act 30 of 2013) with respect to the lands of the petitioner measuring an extent of 114 Sq.Metr within a reasonable time.

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For Petitioner : Mr.I.Inian for Mr.T.Saikrishnan

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For Respondent : Mr.P.Sathish Additional Government Pleader

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ORDER

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This Writ Petition is filed for a mandamus directing the 3^rd

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respondent to refer the request/reference application submitted by the petitioner on 24.06.2025 under Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) r/w. Section 64 of Right to Fair Compensation and

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Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) with respect to the lands of the petitioner measuring an extent of 114 Sq.Metr within a reasonable time.

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The learned counsel appearing for the petitioner submitted that

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after the award was passed, the petitioner submitted a representation dated 24.06.2025 requesting the 3^rd respondent to make a reference to the competent civil court for adjudication of fair compensation. However, till date, no such reference has been made by the 3^rd respondent and

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

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W.P.No. 41839 of 2025

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hence, the present writ petition is filed.

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The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered and appropriate will be passed within a specified time.

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