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Shanmugam v. The District Collector

Madras HC12 Mar 2025WP/999/2023

Case brief

AI extract

What is this about?

Keywords: Section 3G(5) National Highways Act 1956; enhancement of compensation; land acquisition N.H.47 & 67; District Collector Tiruppur; Competent Authority / Special District Revenue Officer (Land Acquisition) Coimbatore; appeal dated 07.02.2011 pending in Na.Ka.No.14946 of 2011/U1C.Pa.No.51-A/2011; refusal letter dated 16.11.2022 quashed; writ of certiorarified mandamus; Article 226 Constitution of India; time-bound disposal within three months; enquiry notices; property taken over; writ allowed, no costs.

What did the court decide?

Writ petition allowed with directions: impugned letter of the 1st respondent dated 16.11.2022 quashed, and the 1st respondent directed to deal with the petitioner's appeal dated 07.02.2011 on merits and pass final orders within three months from receipt of a copy of the order; no costs. ¶25

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner had in fact filed an appeal under Section 3G(5) of the National Highways Act, 1956 before the 1st respondent, such that the impugned letter dated 16.11.2022 refusing to hear his case on merits on the ground that no appeal was filed was unsustainable. +1 more

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Court's answer

On the materials placed before the Court it was quite obvious that the petitioner had in fact filed an appeal before the 1st respondent, and based on the same the 1st respondent had issued notice to him to attend enquiry on at least two occasions; it was therefore unfortunate that the 1st respondent rejected the appeal on the flimsy ground that no appeal was filed, particularly after taking over the petitioner's property and while he had been seeking enhancement of compensation from 2011 onwards.

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Ratio / Principle

The impugned letter of the 1st respondent dated 16.11.2022 is quashed.

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Key takeaways

There shall be a direction to the 1st respondent 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 a copy of the order.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), Writ Petition No.999 of 2023, decided 12.03.2025 — Enhancement of compensation under the National Highways Act, 1956: The petitioner's property having been taken over for N.H.47 & 67, he pursued enhancement of compensation from 2011 through an appeal dated 07.02.2011 pending before the District Collector, Tiruppur (Na.Ka.No.14946 of 2011/U1C.Pa.No.51-A/2011). By letter dated 16.11.2022 the 1st respondent refused to hear the case on merits, contending that no appeal under Section 3G(5) of the National Highways Act, 1956 had been filed. On the materials on record, the Court found the appeal had in fact been filed and enquiry notices had been issued on at least two occasions; the refusal was therefore on a flimsy ground. The Court quashed the letter and directed the 1st respondent to decide the appeal on merits and pass final orders within three months of receipt of a copy of the order. Writ petition allowed; no costs.

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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.999 of 2023

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Shanmugam …. 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 Acquisition) 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.999 of 2023

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12.03.2025 1/2

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