Mr. JUSTICE KRISHNAN RAMASAMY W.P.No.38786 of 2025 S.Jeyanthi … Petitioner Vs. 1. The Special District Revenue Officer Land Acquisition,

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.10.2025
CORAM
THE HON’BLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.No.38786 of 2025
S.Jeyanthi
… Petitioner
Vs.
1. The Special District Revenue
Officer Land Acquisition,
Chennai Kanyakumari Industrial
Corridor Project, Chengalpattu
2. District Collector
Chengalpattu Distirct, Chengalpattu
3. Special Tahsildar Land Acquisition
Highway Tambaram, Chengalpattu
… Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the respondents 1 and 2 to consider and dispose of the petitioners representation dated 25.08.2025 within a limited time frame for higher compensation due to acquisition of my property of 116 square feet in survey no. 135/4B and
142/B3 in Selaiyur village, Tambaram taluk, Chengalpattu district
For Petitioner : Mr.P.Muthukrishnan, for Mr.G.Punniakoti
For Respondent : Mr.P.Sathish, AGP
ORDER
This writ petition has been filed to direct the respondents 1 and 2 to consider and dispose of the petitioner’s representation dated
25.08.2025.
2. Mr.P.Sathish, learned Additional Government Pleader, takes notice on behalf of the respondent.
3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.
4. The learned counsel for the petitioner would submit that in this case, though the award was passed by the respondent as early as on 31.05.2025, the same was received by the petitioner only on 22.08.2025.
Immediately, upon receipt of the said award, a representation was filed by the petitioner on 25.08.2025. However, the respondent had not
considered the said representation till date. Hence, this petition.
5. In reply, the learned Additional Government Pleader appearing for the respondent would submit that in this case, the award was passed by the respondent on 31.05.2025. In terms of Section 20 of the Tamil Nadu Highways Act, 2001, the petitioner is supposed to have made objections/representation within a period of 60 days from the date of passing of award. In such case, the representation dated 25.08.2025 was made beyond the period of limitation, due to which, the respondents were unable to consider the same. Hence, he requests this Court to pass appropriate orders.
6. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and also perused the materials available on record.
7. In the case on hand, the award was passed by the respondent on31.05.2025. Thereafter, a representation dated 25.08.2025 was filed by the petitioner for enhancement of compensation. However, the said representation was not at all considered by the respondent till date.
8. According to the respondent, the representation/objection has to be made within a period of 60 days from the date of award in terms of Section 20 of the Tamil Nadu Highways Act, 2001. The relevant portion of the said Act reads as follows:
“20(1) Any person aggrieved by the decision of the Collector, or the officer to whom the case was transferred, determining the amount may, within sixty days from the date of such decision, in so far as it affects him, by application to the Collector or the officer to whom the case was transferred, require that the matter be referred by him for the determination of the Court as defined in the Land Acquisition Act, 1894, and when any such application is made, the provisions of Part III of the said Act shall mutatis mutandis apply to further proceedings in respect thereof.”
9. Each and every sentence in the above provision has to be readconjointly. When we read the phrase “within sixty days from the date of such decision”, it would appear that the representation has to be filed within a period of 60 days from the date of award. However, a conjoint reading of the phrase, viz., “Any person aggrieved by the decision”, would shows that a person has to be aggrieved by the award passed by the Authority, which means, at first the decision has to be communicated to the person, then only the decision taken by the Collector would affect that person in any manner. In such case, the phrase “within sixty days from the date of such decision” would refer the period of 60 days from the date on which the aggrieved person get affected by such decision.
10. Further, on the date of passing of award, only the Collector/concerned Authority will have the knowledge of that award, whereas the aggrieved person will come to know about the decision only if it is communicated to him. Till such communication, the concerned person will remain unaware of the decision and thus, he will not be in a position to file any objection/representation. In such view of the matter, the limitation prescribed under Section 20 of the Tamil Nadu Highways Act, 2001, has to be construed as “60 days from the date of communication of the award”.
11. In the present case, though the award was passed as early as on
31.05.2025, the same was communicated to the petitioner only on 22.08.2025. Immediately, upon receipt of the said award, a
representation was filed by the petitioner on 25.08.2025. If the date of communication, i.e., 22.08.2025, is taken into consideration, the aspect of delay in filing the representation would not come into picture. Therefore, it is clear that the representation filed by the petitioner is well within the period of limitation as prescribed in terms of Section 20 of the
Tamil Nadu Highways Act, 2001
12. In view of the above, this Court directs the respondents to dispose of the petitioner’s representation dated 25.08.2025 and refer the matter to the Court for fixation of higher compensation in accordance with law.
13. With the above directions, this writ petition is disposed of. No cost.
13.10.2025
Speaking/Non-speaking order
Index : Yes / No Neutral Citation : Yes / No nsa
To
1. The Special District Revenue
Officer Land Acquisition,
Chennai Kanyakumari Industrial
Corridor Project, Chengalpattu
2. District Collector
Chengalpattu Distirct, Chengalpattu
3. Special Tahsildar Land Acquisition
Highway Tambaram, Chengalpattu
KRISHNAN RAMASAMY.J.,
nsa W.P.No.38786 of 2025
13.10.2025