The District Collector vs A.B.Jayaraman
2021 Latest Caselaw 11078 Mad

                                                                                 W.A.No.22 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 29.04.2021

                                                           CORAM :

                                   THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
                                                    AND
                                    THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                    W.A.No.22 of 2021

                     1.The District Collector,
                       Krishnagiri.

                     2.The Deputy Director,
                       Agriculture Department, Krishnagiri.

                     3.The Assistant Director of Agriculture,
                       Denkanikottai, Krishnagiri District.

                     4.The Tahsildar,
                       Denkanikottai, Krishnagiri District.                         ..Appellants


                                                             Vs


                     A.B.Jayaraman                                                ..Respondent

                     Prayer: Appeal filed under 15 of Letters Patent against the order
                     dated 13.08.2019 made in W.P.No.4561 of 2009.

                                   For Appellants      :          Mr.V.Kadhirvelu
                                                                  Special Government Pleader

                                   For Respondent      :          Mr.K.Thiruvengadam

                                                     JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellants against

the order of the learned Single Judge, who while taking note of the

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W.A.No.22 of 2021

recommendation made by the third appellant, directed the

appellants to pay compensation of Rs.35,500/- with interest at the

rate of 12% from the date i.e., 12.01.2007 by way of damages.

2. Learned Special Government Pleader appearing for the

appellants submitted that an application has been made belatedly

and the recommendation of the third appellant is not binding on the

other appellants.

3. Learned counsel appearing for the respondent

submitted that the fact remains that on inspection, recommendation

was made and not for all other cases, which was accordingly

accepted.

4. The impugned order was set aside by the learned Single

Judge on two grounds, namely, (i) the delay cannot be put against

the respondent and (ii) there was recommendation made by the

third appellant. While we agree with the reasoning of the learned

Single Judge with respect to the delay being the reasoning of non-

suiting the relief sought for and the involvement in the

recommendation, we do find that awarding of 12% interest cannot

be sustained. This is for the reason that the respondent did make an

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W.A.No.22 of 2021

application belatedly and in any case, there is no basis for awarding

12% interest. There is no dispute with respect to primary facts,

namely, the respondent was a farmer and the recommendation was

made by the third appellant after spot inspection.

5. In such view of the matter, while confirming the order

of the learned Single Judge with respect to the quantum of

compensation liable to be paid, the amount of interest payable per

annum from 12.01.2007 till actual payment is reduced from 12% to

7.5%.

6. In view of the above, the appeal stands ordered

accordingly. No costs. Consequently, connected C.M.P.No.328 of

2021 is closed.

                                                                (M.M.S., J.)    (R.N.M., J.)
                                                                         29.04.2021
                     Internet : Yes/No
                     ssm

https://www.mhc.tn.gov.in/judis/

W.A.No.22 of 2021

M.M.SUNDRESH,J.

and R.N.MANJULA,J.

(ssm)

W.A.No.22 of 2021

29.04.2021

https://www.mhc.tn.gov.in/judis/