Madras High Court
Dr.V.Sachithanantham vs Secretary To Government Of Tamil ... on 22 October, 2021
W.P.No.11555 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No. 11555 of 2021
Dr.V.Sachithanantham ..Petitioner
Versus
1. Secretary to Government of Tamil Nadu,
Housing & Urban Development Department,
Fort St.George,
Chennai-600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai-600 035.
3.The District Collector,
Erode District,
Erode-638 011.
4.The Revenue Divisional Officer,
(In charge Land acquisition),
Brough Road,
Erode-638 001.
5.The Executive Engineer,
Tamil Nadu Housing Board,
Sampath Nagar,
Erode-638 011. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.11555 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to disburse the
award amount of Rs.76,24,918/- together with interest at the rate of 15%
from the date of the 4th respondent's letter dated 18.11.2020 up to the date
of disbursement of the total award amount to the petitioner and the
claimants within a stipulated time as fixed by this Court.
For Petitioner : Mr.R.Karthikeyan
For Respondents : Mr.V.Veluchamy,
Government Advocate [for R1, R3 & R4]
Mr.C.Emalias [for R2 & R5]
ORDER
This Writ Petition is filed for issuing a Writ of Mandamus, directing
the respondents to disburse the award amount of Rs.76,24,918/- together
with interest at the rate of 15% from the date of the 4th respondent's letter
dated 18.11.2020 up to the date of disbursement of the total award amount
to the petitioner and the claimants within a stipulated time as fixed by this
Court.
2. The petitioner's father one R.Vivekanantham owned a land in
S.No.763/1 measuring to an extent of 1.00.00 hectare. In this, the
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W.P.No.11555 of 2021
petitioner is entitled for 1/3rd share. The said land has acquired by the
Government for Housing Board, Erode and passed an award in
L.A.No.1/1995 dated 22.05.1995 for a very meagre amount and the same
was not accepted by the land owners. Then the Special Tahsildar, Land
Acquisition had referred the matter under Section 18 of the Land
Acquisition Act, 1894 before Civil Court, Erode. The 1st Additional
Subordinate Judge, Erode in LAOP No.11/2005 dated 01.09.2017 has
passed an award fixing Rs.30/- per sq.ft., based on the Judgment of the
Hon'ble Supreme Court in Civil Appeal No.6127-6128 of 2011 dated
01.08.2011 which was again confirmed in its Review Petition No.1836-
1837 of 2015.
3. The petitioner's father R.Vivekanantham, had given several
representations to the respondents herein for the payment of the above
award amount, but, no steps have been taken by the Authorities to pay the
compensation amount. Thereafter, the 4th respondent had issued letter
dated 18.11.2020 to the 2nd respondent requesting to issue a cheque in
favour of the claimants but the 2nd respondent has not taken any steps to
pay said award amount to the claimants. Subsequently, the petitioner sent
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W.P.No.11555 of 2021
notice to the respondents dated 17.03.2021, the same has been received by
the respondents on 18.03.2021, 19.03.2021 and 22.03.2021. But, no action
has been taken to disburse the said amount to the petitioner. Hence, the
petitioner has come forward before this Court with the present writ
petition.
4. The learned counsel for the petitioner submitted that on the
earlier occasion, the learned counsel for the Housing Board stated that
they have already initiated the process of disbursing the award amount to
the claimants, but, till date, no amount was paid by the Housing Board, in
respect of repeated requests made by the petitioner as well as the counsel
for the Housing Board and the Department is to disburse the award
amount to the petitioner. Therefore, there is no other option except this
Court to direct the 2nd respondent to disburse the said award amount to the
claimants within a period of stipulated period.
5. Heard the learned counsel for both sides.
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W.P.No.11555 of 2021
6. Considering the same, this Writ Petition is allowed with a
direction to the 2nd respondent to disburse the award amount of
Rs.76,24,918/- together with interest at the rate of 15% from the date of
the 4th respondent's letter dated 18.11.2020 up to the date of disbursement
of the total award amount to the petitioner and the claimants within a
period of Six Weeks from the date of receipt of a copy of this order.
Failing which, the Government shall proceed against the inaction of the
concerned Officer of the 2nd respondent/Tamil Nadu Housing Board, who
have not processed the claim of the petitioner. No costs.
22.10.2021
Index:Yes / No
Internet: Yes / No
Speaking / Non-Speaking order
ssn
https://www.mhc.tn.gov.in/judis
W.P.No.11555 of 2021
V.BHAVANI SUBBAROYAN, J.,
ssn
To
1. Secretary to Government of Tamil Nadu,
Housing & Urban Development Department,
Fort St.George,
Chennai-600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai-600 035.
3.The District Collector,
Erode District,
Erode-638 011.
4.The Revenue Divisional Officer,
(In charge Land acquisition),
Brough Road,
Erode-638 001.
5.The Executive Engineer,
Tamil Nadu Housing Board,
Sampath Nagar,
Erode-638 011.
W.P.No.11555 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis
