Case Note & Summary
The petitioner, M. Annasamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a Writ of Mandamus to restrain the respondents from acquiring his land in S.No.637/1, extent 1.15.00 hectares, situated at S.Ramalingapuram Village, Samsikapuram Revenue Village, Rajapalayam Taluk, Virudhunagar District, without following due process of law and without fixing fair compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondents included the Union of India, District Collector, Authorized Officer, National Highways Authority of India, and Special Tahsildar. The petitioner had made a representation dated 21.10.2022. When the matter was taken up for hearing on 27.01.2025, the petitioner's counsel submitted that the prayer had become infructuous because the petitioner had already received the compensation amount from the respondents. Recording this submission, the court dismissed the writ petition as infructuous with no costs, and closed the connected miscellaneous petition.
Headnote
A) Constitutional Law - Writ of Mandamus - Infructuous Petition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Petitioner sought to restrain respondents from acquiring land without following due process and fair compensation - During pendency, petitioner received compensation amount - Held that the prayer became infructuous and petition dismissed (Paras 1-2).
Issue of Consideration
Whether the writ petition seeking to restrain land acquisition without fair compensation survives after the petitioner has received compensation.
Final Decision
Writ Petition dismissed as infructuous. No costs. Connected miscellaneous petition closed.
Law Points
- Writ of Mandamus
- Infructuous petition
- Land acquisition compensation
Case Details
2025 LawText (MAD) (01) 448
W.P(MD)NO.976 OF 2023 and W.M.P(MD)No.916 of 2023
T. Thirumurugan (Petitioner), A. Kannan (Respondents 2,3,5), Su. Srinivasan (Respondent-4)
Union of India, District Collector, Authorized Officer/District Revenue Officer, National Highways Authority of India, Special Tahsildar (Land Acquisition)
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Nature of Litigation
Writ petition under Article 226 seeking a Writ of Mandamus to restrain land acquisition without fair compensation.
Remedy Sought
Petitioner sought a Writ of Mandamus forbearing respondents from acquiring his land without following due process and fair compensation under the Right to Fair Compensation Act, 2013, and to consider his representation dated 21.10.2022.
Filing Reason
Petitioner alleged that respondents were attempting to acquire his land without following due process and without fixing fair compensation.
Issues
Whether the writ petition survives after the petitioner has received compensation.
Submissions/Arguments
Petitioner's counsel submitted that the prayer had become infructuous as the petitioner had received compensation.
Ratio Decidendi
A writ petition seeking to restrain land acquisition becomes infructuous if the petitioner has already received compensation, as the grievance no longer survives.
Judgment Excerpts
When the matter is taken up for hearing today, the learned counsel for the Petitioner submits that the prayer sought for in the Writ Petition has become infructuous, as the Petitioner has received the compensation amount from the respondents.
Recording the submission made by the learned counsel for the Petitioner, this Writ Petition is dismissed as infructuous.
Procedural History
Petitioner filed W.P(MD)NO.976 OF 2023 along with W.M.P(MD)No.916 of 2023 seeking a Writ of Mandamus. On 27.01.2025, the court heard the matter and dismissed it as infructuous after the petitioner's counsel submitted that compensation had been received.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
- Constitution of India: Article 226
