Madras High Court
P.S.Kalpana vs The District Collector on 2 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
and
W.M.P. Nos.6913, 6916, 6939, 6940, 6942, 6945, 6947, 6955, 6957, 6959,
7280 & 7281 of 2026
P.S.Kalpana,
W/o.K.Janardhanam,
No.8/1, Bandar Garden, 1st Street,
Perambur, Chennai-600 011. ...Petitioner in W.P.No.6388/2026
1.B.Bharathy Rekha
D/o. Late G.Bhoopal Naidu,
No.300, C.T.H. Road,
Avadi, Chennai 600 054.
2.Revathy Rajendran,
D/o.Late G.Bhoopal Naidu,
No.300, C.T.H. Road,
Avadi, Chennai 600 054.
3.Rathy Reshma,
No.300, C.T.H. Road,
Avadi, Chennai 600 054. ...Petitioners in W.P.No.6411/2026
G.Ramesh Chand Jain,
S/o. Mr.Gulab Chand Jain,
No.298, M.T.H. Road, Avadi,
Chennai 600 054.
...Petitioner in W.P.No.6417/2026
1.Mr.L.Rajendra Prasad Sharma
2.Mr.L.Poonam Chand Sharma
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WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
3.Mr.L.Manak Chand Sharma
4.Mr.L.Rathan Chand Sharma
5.Mr.L.Suresh Kumar Sharma
All residing at No.205, New Military Road,
Avadi, Chennai 600 054.
...Petitioners in W.P.No.6424/2026
Mr.R.Venkateswaran,
S/o.Mr.Ramamoorthy,
No.312, C.T.H. Road,
Avadi, Chennai 600 054.
...Petitioner in W.P.No.6701/2026
Vs
1. The District Collector,
Thiruvallur District,
Thiruvallur- 602 001.
2. The Commissioner of Land Administration,
Chepauk,
Chennai-600 005.
3. The Special Revenue Divisional Officer,
Land Acquisition (Highways),
Thiruvallur @ Ambattur,
Chennai-058.
4. The District Revenue Officer,
Land Acquisition, Highways Campus,
Guindy, Chennai- 035.
..Respondents in all W.Ps.
COMMON PRAYER– These Writ Petitions are filed under Article 226 of the
Constitution of India, seeking for Writ of Certiorarified Mandamus, calling for
the records in pursuant to the award passed by the 3rd Respondent dated
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WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
10.06.2025 in Na.Ka. No.A2/ 183/ 2024/ Paruthipattu and quash the same and
Consequently issue appropriate direction, directing the Respondents to
reconsider the valuation and pass a revised award as per the guideline value
fixed by the government for The Commercial Special Type - II on the basis of
the representations given by the Petitioners herein dated 11.07.2025 and
09.09.2025.
(In all W.Ps.)
For Petitioner(s): Mr.T.Thiageswaran
For Respondent(s): Mr.D.Ravichander,
Special Government Pleader
COMMON ORDER
These Writ Petitions have been filed seeking for enhancement of compensation pursuant to the award dated 10.06.2025 passed by the 3 rd respondent under the State Highways Act.
2.The grievance of the petitioners in all these Writ Petitions as seen from their representations dated 11.07.2025 and 09.09.2025 given to the 1 st respondent is that though the property acquired from the petitioners under the State Highways Act is a commercial property, the 3rd respondent under the respective awards has determined the compensation amount payable to the petitioners by treating the property as a residential property. The petitioners have filed supporting documents along with these Writ Petitions in support of their contention that the property acquired from the petitioners is a commercial __________Page 3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/03/2026 06:50:25 pm ) WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026 property. This Court is not expressing any opinion on the merits of the same. In the awards, it has been made clear that if the petitioner is aggrieved by the quantum of compensation, the petitioner will have to seek for a reference to the appropriate authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as RFCTLARR Act, 2013 in short, for the sake of convenience). Section 64 of the RFCTLARR Act, 2013 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 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— __________Page 4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/03/2026 06:50:25 pm ) WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
(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.”
3.The learned counsel for the petitioners would submit, on instructions, that the petitioners will be satisfied if a direction is issued to the appropriate Court to consider the objections that have been raised in these Writ Petitions namely the property which is the subject matter of the acquisition is a commercial property and not a residential property. However, the said contention is disputed by the learned Special Government Pleader appearing for the respondents who would once again reiterate that the property acquired from the petitioners is only a residential property. __________Page 5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/03/2026 06:50:25 pm ) WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026
4.This Court is not expressing any opinion on the merits of the respective contentions. However, necessarily the Civil Court which is acting upon the Reference as per Section 64 of RFCTLARR Act, 2013 will have to adjudicate as to whether the property which is acquired from the petitioner is a residential property or a commercial property and in case the property is found to be a commercial one, necessarily, the Civil Court while acting upon the Reference under Section 64 of the RFCTLARR Act, 2013, has to redetermine the compensation as prayed for by the petitioners in these Writ Petitions.
5.For the foregoing reasons, these Writ Petitions are disposed of by directing the 1st respondent to refer the petitioners’ request for enhancement of compensation pursuant to passing of the respective awards which are the subject matter of the respective Writ Petitions to the appropriate Civil Court as per Section 64 of the RFCTLARR Act, 2013, within a period of eight weeks from the date of a receipt of a copy of this order. On receipt of the said Reference, the appropriate Civil Court while exercising its powers under Section 64 of the RFCTLARR Act, 2013 shall re-determine the compensation payable to the petitioners if necessary and shall also adjudicate as to whether the property which is the subject matter of acquisition is a residential property or a commercial property and in case, if it is found that the property is a commercial property, the concerned Civil Court shall consider the request of the petitioners for enhancement of compensation on merits and in accordance with law, as expeditiously as possible.
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6.In terms of the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
02-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSA To
1. The District Collector, Thiruvallur District, Thiruvallur- 602 001.
2. The Commissioner of Land Administration, Chepauk, Chennai-600 005.
3. The Special Revenue Divisional Officer, Land Acquisition (Highways), Thiruvallur @ Ambattur, Chennai-058.
4. The District Revenue Officer, Land Acquisition, Highways Campus, Guindy, Chennai- 035.
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GSA WP Nos. 6388, 6411, 6417, 6424 & 6701 of 2026 and W.M.P. Nos.6913, 6916, 6939, 6940, 6942, 6945, 6947, 6955, 6957, 6959, 7280 & 7281 of 2026 02-03-2026 __________Page 8 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/03/2026 06:50:25 pm )