WP/31705/2024 of T.K.GNANASEKARAN Vs THE DIRECTOR OF TOWN AND COUNTRY PLANNING AUTHORITY,
WP No. 31705 of 2024
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 31705 of 2024
T.K.Gnanasekaran
..Petitioner(s)
Vs.
1. The Director of Town & Country Planning
Authority,
CMDA Complex, E & C Market Road,
Koyambedu, Chennai- 600 107.
2. The Member Secretary,
Salem Town Planing Authority,
5/601-B, Balaji Nagar, Subramaniya Nagar,
1st Gate, Salem- 636 005.
3. The Commissioner,
Salem Municipal Corporation, Salem- 636 001.
4. The District Collector,
Salem- 636 001.
5. The Thasildar,
Salem Taluk, Hasthampatti,
Salem- 636 007.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking
issuance of writ of mandamus, directing the respondents to pay the just
compensation for the petitioner’s land measuring about 3000 sq.ft in S.No.72
and 73, Block No.14, Ward B, Shankar Nagar, Kumarasamipatti Village, Salem
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Taluk, which was taken possession for formation of the F2 F2 40” Scheme
Road for Periyeri Town Planning Scheme in Salem Town on the basis of the
market value of the property.
For Petitioner(s): Mr.P.Jagadeesan
For Respondent(s): Mrs.S.Anitha
Special Government Pleader
for R1, R2, R4 & R5
Ms.Devi
Standing Counsel for R3
ORDER
This Writ Petition has been filed seeking issuance of writ of manda mus,
directing the respondents to pay the just compensation for the petitione r’s land
measuring about 3000 sq.ft in S.No.72 and 73, Block No.14, Ward B, Shankar
Nagar, Kumarasamipatti Village, Salem Taluk, which was taken pos session for
formation of the F2 F2 40” Scheme Road for Periyeri Town Planning S cheme
in Salem Town on the basis of the market value of the property.
2. The learned counsel appearing for the petitioner would submit that t he
petitioner’s land was taken possession and road was laid by the 3 rd respondent
without payment of any compensation. He would further submit that notice for
acquisition was also issued without following the mandatory requirement under
the law. Therefore, he has given a representation dated 24.05.2024 for t he
purpose of payment of compensation. Since the same is not considered, the
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WP No. 31705 of 2024
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present writ petition is filed.
3. The learned counsel appearing for the official respondents would
submit that the compensation payable to the petitioner is required to be
determined by the 4 th respondent and the same will be decided within a period
of twelve weeks.
4. Heard the learned counsel appearing for the petitioner as well as the
respondents.
5. Admittedly, the petitioner’s land was acquired for laying road and no
compensation was determined so far. Therefore, it is the duty of the authorities
concerned to determine the compensation at the earliest and pay t he same to the
petitioner. Certainly, the petitioner is entitled to market va lue as of today and
also entitled to compensation under the Right to Fair Compensation Act.
6. Such being the case, taking into consideration all these aspects, the 4 th
respondent is directed to dispose of the petitioner’s representation dated
24.05.2024 and pass appropriate orders, determining the compensation payable
to the petitioner’s land, within a period of twelve weeks from t he date of receipt
of a copy of this order.
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7. This Writ Petition is disposed of with the above terms. No costs.
06-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KKN
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To
1. The Director of Town & Country Planning Authority,
CMDA Complex, E & C Market Road,
Koyambedu, Chennai- 600 107.
2. The Member Secretary,
Salem Town Planing Authority,
5/601-B, Balaji Nagar, Subramaniya Nagar,
1st Gate, Salem- 636 005.
3. The Commissioner,
Salem Municipal Corporation, Salem- 636 001.
4. The District Collector,
Salem- 636 001.
5. The Thasildar,
Salem Taluk, Hasthampatti,
Salem- 636 007.
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WP No. 31705 of 2024
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KRISHNAN RAMASAMY, J.
KKN
WP No. 31705 of 2024
06-04-2026
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