Madras High Court
G.Munichowdappa vs The Special Tahsildar on 9 November, 2021
W.P.No. 14924 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P. No. 14924 of 2017
G.Munichowdappa .... Petitioner
Vs
The Special Tahsildar,
Land Acquisition,
SIPCOT,
Hosur Taluk – 635 126,
Hosur, Krishnagiri District. .... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the respondent to
refer the case of petition in respect of land in S.No.439/1, 439/3 and 440
of Mornapalli Village, Hosur Taluk, Krishnagiri District to the
Subordinate Court, Hosur under Section 8 of the Tamil Nadu Acquisition
of Land for Industrial Purpose Act 1997 based on the petition dated
01.10.2009.
For Petitioner : Mr.S.C.Vishwanth
For Respondent : Mr.A.Selvendran
Government Advocate
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1/6
W.P.No. 14924 of 2017
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus, directing the respondent to refer the case of the petition in
respect of land in S.No.439/1, 439/3 and 440 of Mornapalli Village,
Hosur Taluk, Krishnagiri District to the Subordinate Court, Hosur under
Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purpose
Act 1997 based on the petition dated 01.10.2009.
2. Heard, Mr.S.C.Vishwanth, learned counsel appearing for the
petitioner and Mr.A.Selvendran, learned Government Advocate
appearing for the respondent.
3. The learned counsel for the petitioner submitted that the sole
petitioner died.
4. The case of the petitioner is that the property comprised in
Survey Nos.439/1, 439/3 and 440 situated at Mornapalli Village, Hosur
Taluk, Krishnagiri District belongs to one E.Munusamy. The deceased
petitioner had entered into an agreement for sale to purchase the said
property. However, the said E. Munusamy had failed to execute the sale
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W.P.No. 14924 of 2017
deed and as such, the petitioner filed a suit in O.S.No.94 of 1991 for
specific performance on the file of the Sub Court, Krishnagiri. The said
suit was decreed in his favour. Aggrieved by the same, the said
E.Munusamy preferred an appeal before this Court in A.S.No.363 of
1993 and the same was also dismissed by a Judgment dated 06.09.2006.
5. On the strength of the decree passed by the Trial Court, the sale
deed was executed in favour of the deceased petitioner on 20.03.2009
vide document No.2141 of 2009. In the mean time, the said land was
acquired by the respondent for extension of SIPCOT, Hosur. The award
amount has been deposited before the Sub Court, Hosur. The petitioner
had submitted objections with regard to the ownership of the land and
also determination of the value of the subject property for the
compensation. However, it was referred only with regard to the
ownership of the property in LAOP No.10 of 2009. In respect of the
enhancement of compensation there is no reference. The petitioner made
reminder dated 30.03.2015 for reference to enhance the compensation.
6. A perusal of the counter reveals that the petitioner failed to
make an application within the stipulated time as contemplated under
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W.P.No. 14924 of 2017
Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purpose
Act 1997. Accordingly, the petitioner ought to have submitted an
application within the period of 60 days from the date of award for
enhancement of the award amount. Even after the judgment passed by
this Court in A.S.No.363 of 1993 dated 06.09.2006, the petitioner did not
raise any objections while depositing the amount into the Sub Court,
Hosur.
7. As per the Judgment and Decree passed in O.S.No.94 of 1991,
the sale deed was executed in favour of the petitioner on 20.03.2009.
Even thereafter, the petitioner failed to make an application to refer the
award for enhancement. Therefore, the deceased petitioner failed to
make an application within the stipulated time for enhancement of
compensation amount. Hence, the writ petition is devoid of merits.
8. However, if any adjacent land owners received any enhanced
compensation, the legal heirs of the deceased petitioner are at liberty to
submit a fresh representation to claim the same enhanced compensation
for their land.
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W.P.No. 14924 of 2017
9. With the above direction, the writ petition is disposed of. No
order as to costs.
09.11.2021
Index : Yes/No.
Internet : Yes/No.
Lpp
To
The Special Tahsildar,
Land Acquisition,
SIPCOT,
Hosur Taluk – 635 126
Hosur, Krishnagiri District.
https://www.mhc.tn.gov.in/judis
W.P.No. 14924 of 2017
G.K.ILANTHIRAIYAN, J
Lpp
W.P. No. 14924 of 2017
09.11.2021
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