Madras High Court
Edvijayammal vs The Principal Secretary And on 29 November, 2021
W.P.No.16974 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.16974 of 2021
and W.M.P.No.17975 of 2021
Edvijayammal ... Petitioner
-Vs-
1. The Principal Secretary and
Commissioner of Land Administration,
Chepauk,
Chennai - 5.
2. The District Collector,
Kancheepuram District,
Kancheepuram.
3. The Revenue Divisional Officer,
Sriperumbudur Taluk,
Kancheepuram District.
4. The Tahsildhar,
Sriperumpudur Taluk,
Kancheepuram District.
5. The Special Tahsildhar,
Land Acquisition,
Nemili, Mannur and Velanapuram,
Sipcot 3, Sriperumpudur Taluk,
Kancheepuram District. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.16974 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 fifth respondent
to determine and pay the compensation to the petitioner in respect of property
comprised in Survey No.28/2 an extent of 6.34 acres situate at Nemili Village,
Sriperumpudur Taluk, Kancheepuram District acquired by them for SIPCOT
Project, in pursuance of the Judgment and Decree of the District Court,
Kancheepuram in O.S.No.32 of 2018, dated 22.11.2018 along with interest
within a reasonable time as deem fit by this Hon'ble Court and grant such other
further relief as this Hon'ble Court may deem fit in the circumstances arising out
of the case.
For Petitioner : Mr.M.Muthappan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader.
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the fifth respondent to determine and pay the
compensation to the petitioner in respect of property comprised in Survey
No.28/2 an extent of 6.34 acres situate at Nemili Village, Sriperumpudur Taluk,
Kancheepuram District acquired by them for SIPCOT Project, in pursuance of
the Judgment and Decree of the District Court, Kancheepuram in O.S.No.32 of
2018, dated 22.11.2018 along with interest within a reasonable time as deem fit
https://www.mhc.tn.gov.in/judis
W.P.No.16974 of 2021
by this Hon'ble Court and grant such other further relief as this Hon'ble Court
may deem fit in the circumstances arising out of the case.
2. Heard Mr.M.Muthappan, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the respondents.
3. The petitioner claimed compensation for the land comprised in
Survey No.28/2 to an extent of 6.34 acres situated at Nemili Village,
Sriperumpudur Taluk, Kancheepuram District, which was acquired by the fifth
respondent for SIPCOT project. Further, the petitioners claimed compensation
on the strength of the Judgment and Decree, dated 22.11.2018 passed in
O.S.No.32 of 2018. The said suit was filed for declaration and injunction as
against the respondents 2 and 4 herein and directed the fourth respondent
herein to pay adequate compensation to the petitioner for the subject property.
The said suit was decreed as ex-parte as against the respondents herein.
4. A perusal of the counter revealed that the fourth and fifth
respondents filed petition to set-aside the exparte decree, dated 22.11.2018 in
O.S.No.32 of 2018 on the file of the District Court, Kanchipuram along with
https://www.mhc.tn.gov.in/judis
W.P.No.16974 of 2021
condone delay petition in SR.No.4181 of 2021, 4182 of 2021 and 4183 of 2021
and it is pending.
5. Therefore, the petitioner can very well approach the Trial Court by
way of execution proceedings, to execute the decree passed in her favour.
However, the petitioner is at liberty to approach the respondents for seeking
compensation, subject to the result of the set-aside petition filed by the
respondents 4 and 5 herein. That apart, the petitioner is always at liberty to
approach the Trial Court to execute the decree, decreed in her favour in the
manner known to law.
6. Therefore, this writ petition is devoid of merits and liable to be
dismissed. Accordingly, this Writ Petition stands dismissed. Consequently,
connected Miscellaneous petition is closed. There shall be no order as to costs.
29.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.16974 of 2021
To
1. The Principal Secretary and
Commissioner of Land Administration,
Chepauk,
Chennai - 5.
2. The District Collector,
Kancheepuram District,
Kancheepuram.
3. The Revenue Divisional Officer,
Sriperumbudur Taluk,
Kancheepuram District.
4. The Tahsildhar,
Sriperumpudur Taluk,
Kancheepuram District.
5. The Special Tahsildhar,
Land Acquisition,
Nemili, Mannur and Velanapuram,
Sipcot 3, Sriperumpudur Taluk,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.16974 of 2021
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.16974 of 2021
and W.M.P.No.17975 of 2021
29.11.2021
https://www.mhc.tn.gov.in/judis
