S.S.Janarthanan v. The District Collector Cum Land Acquisition Officer

ORDER This Writ Petition has been filed for issuance of a Writ of Mandamus directing the first respondent to make a statutory reference for enhancement of compensation under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 [hereinafter referred to as ''the Act''], in respect of the petitioner's lands in Survey Nos.30/3B2, 30/3 and 28/1B, Servaikaranmadam Village, Tuticorin District, by passing orders on the petitioner's statutory application dated 10.12.2025, within the time that may be stipulated by this Court.

¶2By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

¶3The petitioner's lands were acquired under the provisions of the Act and awards were passed. However, not being satisfied with the compensation awarded, the petitioner submitted an application seeking reference to the competent Court in accordance with Section 8 of the Act. However, no reference has been made to the competent Court.

¶4Section 8 of the Act reads as follows: ''8.Reference to Court.

(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 (Central Act I of 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.

(2) The decisions of the Court on such reference and subject only to such decision, the decision of the Collector determining the amount, shall be final.''

¶5From a reading of the above provision, it is clear that any person aggrieved by the decision of the Collector may make an application to the District Collector and upon such application, it is incumbent on the part of the District Collector to refer the matter to the competent Court for determination of the compensation. Since no discretion is vested with the Collector in this regard, this Court is inclined to dispose of this Writ Petition by directing the first respondent, namely, the District Collector-cum-Land Acquisition Officer, to refer the matter to the competent Court forthwith to be dealt with in accordance with law.

¶6With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

19.02.2026 smn2

To:-

1.The District Collector cum Land Acquisition Officer, Tuticorin District, Tuticorin.

2.The Special Tahsildar (Land Acquisition), Expansion of Airport, Collectorate Office, Tuticorin. K.SURENDER

, J.

smn2

19.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER S.S.Janarthanan ... Petitioner -vs- 1.The District Collector cum Land Acquisition Officer, Tuticorin District, Tuticorin. 2.The Special Tahsildar (Land Acquisition), Expansion of Airport, Collectorate Office, Tuticorin. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to make a statutory reference for enhancement of compensation under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, in respect of the petitioner's land in Survey No.30/3B2, 30/3 and 28/1B, Servaikaranmadam Village, Tuticorin District, by passing orders on the petitioner's statutory application dated 10.12.2025, within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.D.Sadiq Raja Additional Government Pleader