A.Raju ... Died/Writ vs The District Collector
2025 Latest Caselaw 7058 Mad

Madras High Court

A.Raju ... Died/Writ vs The District Collector on 15 September, 2025

Author: Anita Sumanth

Bench: Anita Sumanth

                                                                                            W.A(MD)No.2664 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 15.09.2025

                                                          CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                               W.A(MD)No.2664 of 2025

                     A.Raju                                            ... Died/Writ Petitioner

                     1.Kalaiselvi
                     2.Arunkumar
                     3.Divya                                           ... Appellants/3rd Parties

                                                                Vs.

                     1.The District Collector,
                       Madurai District,
                       Madurai.

                     2.The Special Thasildhar,
                       National Highways Authority,
                       Level 2 Office,
                       Madurai District.                                                 ...Respondents

                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
                     aside the order made in W.P.(MD)No.2987 of 2021 dated 18.10.2023 on
                     the file of this Court.



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                                                                                        W.A(MD)No.2664 of 2025

                                  For Appellants       : Mr.S.Sukumar
                                  For Respondents      : Mr.S.P.Maharajan
                                                         Special Government Pleader

                                                      JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

This Writ Appeal challenges an order dated 18.10.2023,

dismissing plea for Mandamus directing the District Collector and

Special Tahsildar (Land Acquisition - Competent Authority), National

Highways, Madurai, to disburse enhanced compensation as per market

value for the land in Survey No.83/2A1, Rajakambiram Village, Maduri

North Taluk, Madurai District admeasuring 8.46 cents (3680 square

metres) within a designated time frame.

2.The land acquisition in question took place as early as in

2009, and in the writ affidavit, the writ petitioner makes it clear that an

award under Section 3(2) of the National Highways Act, 1956, was

passed in 2009 itself. In such circumstances, the writ petitioner has made

a representation only on 14.12.2020. The writ Court has rightly

dismissed the Writ Petition on the ground that the representation was

made 11 years after the acquisition and the passing of the award.

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3.We find nothing untoward in the conclusion of the writ Court

to the effect that the National Highways Act, 1956 is a complete code in

itself, providing for a comprehensive procedure, including timelines, for

seeking enhancement of compensation.

4.In such circumstances, there is no question of considering a

belated representation seeking enhancement. Accordingly, this Writ

Appeal is dismissed confirming the order of the writ Court. The proper

course of action for the appellants is to approach the competent Court

and seek enhancement of compensation in accordance with the procedure

laid down under law. No costs.

                                                                       [A.S.M.J.,] & [C.K.J.,]
                                                                             15.09.2025
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     ps









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                     To

                     1.The District Collector,
                       Madurai District,
                       Madurai.

                     2.The Special Thasildhar,
                       National Highways Authority,
                       Level 2 Office,
                       Madurai District.









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                                                                  DR.ANITA SUMANTH, J.
                                                                                 AND
                                                                     C.KUMARAPPAN, J.

                                                                                               ps









                                                                                    15.09.2025

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