Madras High Court
K.Rajendiran vs The District Collector on 26 November, 2021
W.P.No.17439 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.17439 of 2021
and W.M.P.Nos.18519 and 18520 of 2021
K.Rajendiran ... Petitioner
-Vs-
1. The District Collector,
Sriperumbudur Taluk,
Kancheepuram District.
2. The Chairman and Managing Director,
SIPCOT, 19A, Rukmani Lakshmipathi Road,
Egmore,
Chennai 600 008.
3. The Special Tahsildar (L.A),
SIPCOT,
Irrungattukottai Existing Scheme,
No.A2, Project Office,
SIPCOT Park, Tambaram Road,
Near Pillaipakkam Village,
Sriperumbudur,
Kancheepuram District - 602 105. ... Respondents
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Page 1 of 7
W.P.No.17439 of 2021
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondents to
deposit the enhanced compensation of the petitioner's acquired land comprised
in 1) S.No.723/1A measuring 1.03.5 hectare, 2) S.No.723/1B measuring 1.03.0
hectare 3) S.No.723/1C measuring 1.31.5 hectare and 4) S.No.723/7 measuring
0.38.5 hectare totally 3.76.5 hectare or 9 Acre 30 Cents in Katrambakkam
Village, Sriperumbudur Taluk, Kancheepuram District culminated as decree
dated 14.06.2016 in LAOP.No.1298/2008 disposed on the file of The Principal
Sub-Judge, Kancheepuram by stipulating a time period.
For Petitioner : Mr.A.S.Vijay Anand
For R1 and R3 : Mr.Yogesh Kannadasan
Special Government Pleader.
For R2 : Mr.M.Karthikeyan
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the respondents to deposit the enhanced compensation of
the petitioner's acquired land comprised in 1) S.No.723/1A measuring 1.03.5
hectare, 2) S.No.723/1B measuring 1.03.0 hectare 3) S.No.723/1C measuring
1.31.5 hectare and 4) S.No.723/7 measuring 0.38.5 hectare totally 3.76.5
hectare or 9 Acre 30 Cents in Katrambakkam Village, Sriperumbudur Taluk,
Kancheepuram District culminated as decree dated 14.06.2016 in
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W.P.No.17439 of 2021
LAOP.No.1298/2008 disposed on the file of The Principal Sub-Judge,
Kancheepuram by stipulating a time period.
2. Heard Mr.A.S.Vijay Anand, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents 1 and 3 and Mr.M.Karthikeyan, learned counsel
appearing for the second respondent.
3. The petitioner along with his wife purchased the land comprised in
Survey No.723/1A ad-measuring 1.03.5 hectare, Survey No.723/1B ad-
measuring 1.03.0 hectare, Survey No.723/1C ad-measuring 1.31.5 hectare and
Survey No.723/7 ad-measuring 0.38.5 hectare totally 3.76.5 hectare (9 acres
and 30 cents) situated at Katrambakkam Village, Sriperumbudur Taluk,
Kancheepuram District. The said properties were acquired by the respondents
for the purpose of formation of Industrial layout for SIPCOT. By the Award,
the preliminary compensation of Rs.150/- per cent was determined in Award
No.2 of 1999, dated 23.03.1999. On the objections, it was referred under
Section 18 of the Land Acquisition Act, 1894 in LAOP No.1298 of 2008 on the
file of the Principal Sub Court, Kanchipuram. By the Judgment and Decree,
dated 14.06.2016, the award of compensation enhanced from Rs.150/- per cent
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W.P.No.17439 of 2021
to Rs.6534/- per cent based on contemporaneous sale deeds of the very same
village.
4. On the strength of the Judgment and Decree, the petitioner filed an
execution petition in E.P.No.01 of 2017 on the file of the 6th City Civil Court,
Chennai by transmission of decree from Sub-Court, Kancheepuram and it is
pending. However, the respondents dragged the execution proceedings without
depositing the compensation even till today. The petitioner is aged about 83
years old and as such, he was made to run pillar to post for receiving the
compensation for the lands which were acquired from the petitioner.
5. The learned counsel for the second and third respondents
submitted that as against the Judgment and Decree passed by the reference
Court in LAOP No.1298 of 2008 on the file of the Sub Court, Kanchipuram,
filed an appeal suit before this Court and it is pending in A.S.No.40900 of
2018. Even after a period of three years from the date of filing the appeal suit,
the respondents did not take any steps to bring the appeal suit for hearing, it
was filed along with condone delay petition. In fact, the condone delay petition
has not been numbered even till today.
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W.P.No.17439 of 2021
6. Considering the above, the third respondent is directed to deposit
the enhanced compensation as per the Judgment and Decree, dated 14.06.2016
passed in LAOP No.1298 of 2008 within a period of six weeks from the date of
receipt of a copy of this order.
7. With the above direction, this writ petition stands allowed.
Consequently, connected Miscellaneous petitions are closed. There shall be no
order as to costs.
26.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.17439 of 2021
To
1. The District Collector,
Sriperumbudur Taluk,
Kancheepuram District.
2. The Chairman and Managing Director,
SIPCOT, 19A, Rukmani Lakshmipathi Road,
Egmore,
Chennai 600 008.
3. The Special Tahsildar (L.A),
SIPCOT,
Irrungattukottai Existing Scheme,
No.A2, Project Office,
SIPCOT Park, Tambaram Road,
Near Pillaipakkam Village,
Sriperumbudur,
Kancheepuram District - 602 105.
https://www.mhc.tn.gov.in/judis
W.P.No.17439 of 2021
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.17439 of 2021
and W.M.P.Nos.18519 and 18520 of 2021
26.11.2021
https://www.mhc.tn.gov.in/judis
