[Cites 6, Cited by 0]
Madras High Court
Duruvan vs The State Of Tamil Nadu on 19 February, 2026
W.P.(MD)No.4581 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4581 of 2026
and
W.M.P.(MD)Nos.3845 and 3848 of 2026
Duruvan ... Petitioner
-vs-
1.The State of Tamil Nadu,
Represented by the Additional Chief Secretary,
Revenue and Disaster Management Department,
Secretariat,
Chennai - 600 009.
2.The State of Tamil Nadu,
Represented by the Secretary,
Water Resources Department,
Secretariat,
Chennai - 600 009.
3.The District Collector,
Collectorate,
Karur - 639 001.
4.The Special District Revenue Officer (Land Acquisition),
Collectorate,
Karur - 639 001.
5.The Special Tahsildhar (Land Acquisition),
Kulithalai Taluk, Karur. ... Respondents
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W.P.(MD)No.4581 of 2026
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorari, calling for records pertaining to the impugned
order in Na.Ka.A1/48/2024 dated 13.01.2025, issued by the third respondent and
quash the same as it is without jurisdiction.
For Petitioner : Mr.S.Venkatesh
For Respondents : Mr.D.S.Nedunchezhiyan
Government Advocate
ORDER
Pursuant to a representation made by the petitioner seeking compensation
for planted trees, crops, and other infrastructure, the third respondent passed the
rejection order dated 13.01.2025, which is challenged in the present writ petition.
2. The only contention raised by the learned counsel for the petitioner is
that once the award is passed by the District Collector and objections are filed,
the District Collector has no other option but to refer the matter to the concerned
authority, i.e., the Principal District Judge, in the present case. He cannot pass any
orders on the objections raised against the award.
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3. The learned Government Advocate appearing for the respondents would
fairly submit that in accordance with the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
[hereinafter referred to as ''the Act''], the District Collector has no powers to pass
any orders on the objections raised by the parties after an award is passed.
4. Heard the learned counsel for the parties and perused the materials
available on record.
5. Admittedly, once an award is passed, the District Collector becomes
functus officio. Under the scheme of the Act, after an award is passed, if a person
who has not accepted the award gives a written application to the District
Collector under Section 64 of the Act, the matter shall be referred to the
concerned authority, which is the Principal District Judge in this case. Section 64
of the Act reads as follows:
''64. Reference to Authority.– (1) Any person interested who
has not accepted the award may, by written application to the
Collector, require that the matter be referred by the Collector for the
determination of the Authority, as the case may be, whether his
objection be to the measurement of the land, the amount of the
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compensation, the person to whom it is payable, the rights of
Rehabilitation and Resettlement under Chapters V and VI or the
apportionment of the compensation among the persons interested:
Provided that the Collector shall, within a period of thirty days
from the date of receipt of application, make a reference to the
appropriate Authority:
Provided further that where the Collector fails to make such
reference within the period so specified, the applicant may apply to the
Authority, as the case may be, requesting it to direct the Collector to
make the reference to it within a period of thirty days.
(2) The application shall state the grounds on which objection
to the award is taken:
Provided that every such application shall be made—
(a) if the person making it was present or represented before
the Collector at the time when he made his award, within six weeks
from the date of the Collector’s award;
(b) in other cases, within six weeks of the receipt of the notice
from the Collector under section 21, or within six months from the
date of the Collector’s award, whichever period shall first expire:
Provided further that the Collector may entertain an
application after the expiry of the said period, within a further period
of one year, if he is satisfied that there was sufficient cause for not
filing it within the period specified in the first proviso.''
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6. Further, the duty of the District Collector is stated under Section 65 of
the Act. Section 65 of the Act reads as follows:
''65. Collector’s statement to Authority. – (1) In making the
reference, the Collector shall state for the information of the Authority,
in writing under his hand—
(a) the situation and extent of the land, with particulars of any
trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think
interested in such land;
(c) the amount awarded for damages and paid or tendered
under section 13, and the amount of compensation awarded under the
provisions of this Act;
(d) the amount paid or deposited under any other provisions of
this Act; and
(e) if the objection be to the amount of the compensation, the
grounds on which the amount of compensation was determined.
(2) The statement under sub-section (1) shall be attached a
schedule giving the particulars of the notices served upon, and of the
statements in writing made or delivered by the persons interested
respectively.''
7. As seen above, while making a reference on the basis of the objections
raised by any person, it is the duty of the District Collector to inform the
concerned authority in writing.
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8. As rightly contended by the learned counsel for the petitioner, there is no
provision for the District Collector to revisit his own award on the basis of the
objections made to the award. The District Collector must follow the procedure
laid down under Sections 65 of the Act after receiving objections and cannot
decide the objections received under Section 64 of the Act.
9. For the reasons stated above, the impugned order lacks bona fide and
liable to be set aside. Accordingly, the impugned order dated 13.01.2025 is hereby
set aside. The writ petition stands allowed. No costs. Consequently, the
connected Miscellaneous Petitions are closed.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 19.02.2026
smn2
To:-
1.The Additional Chief Secretary,
State of Tamil Nadu,
Revenue and Disaster Management Department,
Secretariat,
Chennai - 600 009.
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2.The Secretary,
State of Tamil Nadu,
Water Resources Department,
Secretariat,
Chennai - 600 009.
3.The District Collector,
Collectorate,
Karur - 639 001.
4.The Special District Revenue Officer (Land Acquisition),
Collectorate,
Karur - 639 001.
5.The Special Tahsildhar (Land Acquisition),
Kulithalai Taluk, Karur.
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K.SURENDER, J.
smn2
19.02.2026
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