Madras High Court
K. Sellammal vs The State Of Tamil Nadu on 19 April, 2021
W.P. Nos. 178, 181, 182, 184& 187 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
W.P. Nos. 178, 181, 182, 184 & 187 of 2020
K. Sellammal ... Petitioner in W.P.178 of 2020
K. Ramasamy ... Petitioner in W.P.181 of 2020
Vasudevan ... Petitioner in W.P.182 of 2020
M. Ramasamy ... Petitioner in W.P.184 of 2020
K. Mallika ... Petitioner in W.P.187 of 2020
Vs
1.The State of Tamil Nadu,
rep. by its Addl. Chief Secretary,
Revenue & Disaster Management Department,
Fort St. George, Chenai 600 009
2. The Principal Secretary/Commissioner of Revenue,
Administration (CRA)
Ezhilagam, Chepauk,
Chennai 600 005.
1/8
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
3. The District Collector,
Namakkal District,
Namakkal.
4. The Land Acquisition Officer and
Revenue Divisional Officer,
Namakkal .. Respondents in all W.Ps
Prayer in W.P.178 of 2020 :
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the re-
determined compensation amount to the petitioner in consideration of
acquisition of his lands comprised in Survey No.358/5, situate at
Siluvampatti Village, Namakkal Taluk & District, based on the re-
determination award dated 26.07.2016 passed by the fourth respondent in
Award No.2 of 2016 in ROC No.2603/2016/A7, with future interest by
considering the petitioner's representation dated 17.10.2019.
Prayer in W.P.181 of 2020 :
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the re-
determined compensation amount to the petitioner in consideration of
acquisition of his lands comprised in Survey No.363/4A & 365/2 situate at
Siluvampatti Village, Namakkal Taluk & District, based on the re-
determination award dated 27.07.2016 passed by the fourth respondent in
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
Award No.30 of 2016 in ROC No.2603/2016/A7, with future interest by
considering the petitioner's representation dated 12.10.2019.
Prayer in W.P.182 of 2020 :
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the re-
determined compensation amount to the petitioner in consideration of
acquisition of his lands comprised in Survey No.359/3 & 359/4, situate at
Siluvampatti Village, Namakkal Taluk & District, based on the re-
determination award dated 26.07.2016 passed by the fourth respondent in
Award No.17 of 2016 in ROC No.2603/2016/A7, with future interest by
considering the petitioner's representation dated 17.10.2019.
Prayer in W.P.184 of 2020 :
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the re-
determined compensation amount to the petitioner in consideration of
acquisition of his lands comprised in Survey No.350/3, situate at
Siluvampatti Village, Namakkal Taluk & District, based on the re-
determination award dated 26.07.2016 passed by the fourth respondent in
Award No.24 of 2016 in ROC No.2603/2016/A7, with future interest by
considering the petitioner's representation dated 17.10.2019.
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
Prayer in W.P.187 of 2020 :
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the re-
determined compensation amount to the petitioner in consideration of
acquisition of his lands comprised in Survey No.374/3D, situate at
Siluvampatti Village, Namakkal Taluk & District, based on the re-
determination award dated 26.07.2016 passed by the fourth respondent in
Award No.3 of 2016 in ROC No.2603/2016/A7, with future interest by
considering the petitioner's representation dated 17.10.2019.
For petitioner ... Mr. S. Senthil
in all W.Ps.
For respondents ... Mr. D. Raja,
in all W.Ps Additional Government Pleader
COMMON ORDER
These writ petitions have been filed seeking direction to the
respondents to pay the enhanced compensation under Section 28(A) of the
Land Acquisition Act 1894.
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
2. According to the petitioners, the lands were acquired and
award was also passed in the year 1988. The neighbouring land owners
sought for reference under Section 18(1) of the Land Acquisition Act ,1894
and the matter was referred to Civil Court. The Reference Court, by the
judgment and decree, dated 12.02.2014 in LA.O.P.Nos.5 /2007 to 173 of
2007, enhanced the compensation at the rate of Rs.35 per square feet in
respect of lands abutting the main road and Rs.26/- per square feet for the
interior lands. Thereafter, the petitioners made applications to the 3rd
respondent seeking redetermination of award in their favour under Section
28(A)(1) of the Land Acquisition Act . Since the same has not been
considered, the petitioners along with similarly placed land owners filed a
writ petition in W.P.No.14187 of 2016 before this Court to direct the 3rd
respondent to consider the petition and the same was disposed of by an
order dated 21.04.2016 with a direction to the respondents to consider their
representations taking into consideration of the judgment of the reference
Court in LAOP Nos 5 of 2007 to 173 of 2007. Thereafter, the 4th
respondent redetermined the amount of compensation at the rate of Rs.26/-
per sq.ft . Since the same has not been paid to the petitioners, they made
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
representations to the respondents. But, so far the redetermined
compensation amount has not been paid to the petitioners. Hence, the
present writ petition has been filed.
3. The fourth respondent filed a counter affidavit stating that
now proposal has been sent by the second respondent/Principal Secretary,
Commissioner of Revenue Administration to the Government for allotment
of funds and the matter is pending with the Government. After allotment,
the amount will be settled within 6 months.
4. I have heard the learned counsel for the petitioner and the
learned Additional Government Pleader, appearing for the respondents.
5. Even though, the counter affidavit has been filed by the 4th
respondent as early as in the month of February 2020,i.e., for more than one
year, the amount has not been paid to the petitioners.
6. Considering the above facts and circumstances, the 2nd
respondent is directed to consider petitioner's representation and pass
suitable orders and pay the re-determination award amount to the petitioners
within a period of three months from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
7. With the above directions, these Writ Petitions are disposed
of. No costs.
19.04.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mrp
To
1.The State of Tamil Nadu,
rep. by its Addl. Chief Secretary,
Revenue & Disaster Management Department,
Fort St. George, Chenai 600 009
2. The Principal Secretary/Commissioner of Revenue,
Administration (CRA)
Ezhilagam, Chepauk,
Chennai 600 005.
3. The District Collector,
Namakkal District,
Namakkal.
4. The Land Acquisition Officer and
Revenue Divisional Officer,
Namakkal
https://www.mhc.tn.gov.in/judis/
W.P. Nos. 178, 181, 182, 184& 187 of 2020
V. BHARATHIDASAN, J.
mrp
& 187 of 2020
19.04.2021
https://www.mhc.tn.gov.in/judis/
