Kumaresan vs The Competent Authority And
2021 Latest Caselaw 25048 Mad

                                                                            W.P.No.25423 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 20.12.2021

                                                      CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               W.P.No.25423 of 2021
                                                       and
                                              W.M.P.No.26847 of 2021


                     1. Kumaresan
                     2. Babu
                     3. Ayisha
                     4. Venkatachalam
                     5. Subramani
                     6. Sheik Dawud                                    ... Petitioners

                                                           Vs


                     The Competent Authority and,
                       Special District Revenue Officer,
                     (Land Acquisition),
                     National Highways – 68,
                     Villupuram.
                     Holding Additional Charge of,
                     The Competent Authority and
                       Special District Revenue Officer,
                     (Land Acquisition),
                     National Highways – 68,
                     Salem.                                            ... Respondent



                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.25423 of 2021

                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondent to disburse
                     the statutory entitlement namely 30% solatium with interest till the day of
                     payment, in the light of judgment of Hon'ble Supreme Court of India in the
                     matter of Union of India and Another Vs. Tarsem Singh and others, in Civil
                     Appeal No.7064 of 2019 by considering petitioners' representation dated
                     27.10.2021 within time framed manner.


                                  For Petitioners      :   Mr.K.Sudhakar

                                  For Respondent       : Mr.G.Ameedius
                                                         Government Advocate


                                                           ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct

the respondent to disburse the statutory entitlement namely 30% solatium

with interest till the day of payment, in the light of judgment of Hon'ble

Supreme Court of India in the case of Union of India and Another Vs.

Tarsem Singh and others, in Civil Appeal No.7064 of 2019 by considering

petitioners' representation dated 27.10.2021 within time framed manner.

https://www.mhc.tn.gov.in/judis W.P.No.25423 of 2021

2. Considering the limited relief sought for in the petition, without

expressing any opinion on merits of the writ petition, the respondent is

directed to consider the representation of the petitioners dated 27.10.2021,

in the light of dictum laid down by the Hon'ble Supreme Court of India, in

Union of India and Another Vs. Tarsem Singh and others, in Civil Appeal

No.7064 of 2019, within a period of twelve weeks from the date of receipt

of a copy of this order.

3. With the above direction, this writ petition is disposed of.

Consequently, the connected Miscellaneous Petition is closed. No costs.

20.12.2021 kv Index:Yes/No Speaking Order: Yes

https://www.mhc.tn.gov.in/judis W.P.No.25423 of 2021

G.K.ILANTHIRAIYAN, J.

kv To

The Competent Authority and, Special District Revenue Officer, (Land Acquisition), National Highways – 68, Villupuram.

Holding Additional Charge of, The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways – 68, Salem.

W.P.No.25423 of 2021

20.12.2021

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