Jesu S Vs The District Collector — Land Acquisition | Madras HC (2025)

Jesu S Vs The District Collector — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

Mandamus granted in effect: the District Revenue Officer directed to consider the petitioners' request for payment of compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and to issue a speaking order within 12 weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether the petitioners are entitled to consideration of their request for payment/fixation of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on the ground that the deposit towards compensation was made after 01.01.2015. +1 more

Court's answer

Since the deposit towards compensation was made on 05.10.2015, i.e., clearly after 01.01.2015, the petitioners are entitled to consideration of their request for payment of compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Ratio / Principle

The writ petition is disposed of by directing the District Revenue Officer to consider the petitioners' request for payment of compensation in accordance with the 2013 Act.

Key takeaways

A speaking order shall be issued on the petitioners' request within 12 weeks from the date of receipt of a copy of the order; no costs.ratio¶23

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution seeking a mandamus to the Authorized Officer cum Special District Revenue Officer (Land Acquisition - National Highways 49), Ramanathapuram, to consider the petitioners' representation dated 19.03.2025 for fixing compensation for lands in S.Nos.285/32, 285/37, 532/13, 532/5, 484/8, 532/6, 532/4A and 483/9 of Kattu Paramakudi Village (extent 8172 sq.mts) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned Special Government Pleader placed on record evidence of deposit in the names of all the petitioners on 05.10.2015; the Court held that, the deposit being clearly after 01.01.2015, the petitioners were entitled to consideration of their request for payment of compensation as per the 2013 Act. The writ petition was disposed of by directing the District Revenue Officer to consider the request in accordance with the 2013 Act and to issue a speaking order within 12 weeks from receipt of a copy of the order. No costs.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 17.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.(MD)No.21726 of 2025

1.S.Jesu

2.J.Arokia Mary

3.J.Cibi Thomas ...Petitioners

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition - National Highways 49, Collectorate,

Ramanathapuram District - 623 503.

3.The Special Tahsildar (Land Acquisition), Madurai - Dhanuskodi 49, Paramakudi, Ramanathapuram District. ...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2^nd respondent to consider the petitioner's representation dated 19.03.2025 to fix the compensation for lands S.Nos.285/32, 285/37, 532/13, 532/5, 484/8, 532/6, 532/4A and 483/9 situated Kattu Paramakudi Village for extent of 8172 sq.mts by applying the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

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For Petitioners : Mr.A.Srinivasan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

By this writ petition, the petitioners seek a direction to the second respondent to consider the petitioners' representation dated 19.03.2025 for fixing compensation for the lands in the survey numbers mentioned in the writ petition as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(the 2013 Act) .

2.Learned counsel for the petitioner submits that the 2013 Act becomes applicable in relation to payment of compensation because the deposit was made after 01.01.2015.

3.Learned Special Government Pleader has placed on record evidence of deposit in the names of all the petitioners on 05.10.2015. Since the deposit is clearly after 01.01.2015, the petitioners are entitled to the consideration of the request for payment of compensation as per the 2013 Act. Learned Special Government Leader submits that the District Revenue Officer is authorised to consider such request.

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4.Therefore, this writ petition is disposed of by directing the District Revenue Officer to consider the petitioners' request for payment of compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A speaking order shall be issued on the petitioner's request within 12 weeks from the date of receipt of a copy of this order. No costs.

17.09.2025 2/2

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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SENTHILKUMAR RAMAMOORTHY, J.

RJR

To

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Authorized Officer cum Special District Revenue Officer, Land Acquisition - National Highways 49, Collectorate, Ramanathapuram District - 623 503. 3.The Special Tahsildar (Land Acquisition), Madurai - Dhanuskodi 49, Paramakudi, Ramanathapuram District.

W.P.(MD)No.21726 of 2025

17.09.2025 2/2

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