Madras High Court
Karuppasamy vs The District Collector Cum ... on 22 October, 2021
W.P.No.22553 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.22553 of 2021
1.Karuppasamy
2.Sivaram
3.G.Paneerselvam
4.Ramasamy
5.Senthilkumar
6.Kuppusamy .. Petitioners
Versus
1.The District Collector cum Arbitrator,
Palladam Road,
Thiruppur District.
2.The Competent Authority
and Special District Revenue Officer,
(Land Acquisition)
National Highways 47 & 67,
Coimbatore.
3.The Project Officer,
National Highways Authority of India,
Coimbatore. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the 1st respondent to dispose enquiry
file in Na.Ka.No.8661/2009/OO1 in the light of judgment of Hon'ble Supreme
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W.P.No.22553 of 2021
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 03.11.2020 within time framed manner.
For Petitioner : Mr. K.Sudhakar
For Respondent 1 : Mr. V.Veluchamy
Government Advocate
O RD E R
This writ petition is filed for the issuance of a writ of mandamus to direct
the 1st respondent to dispose the enquiry file in Na.Ka.No.8661/2009/OO1 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 03.11.2020.
2. The petitioners are the brothers. It is stated that the petitioners are
doing agriculture. The case of the petitioners is that the second and third
respondent have acquired the lands of the petitioner for formation and widening
four/six laning of roads on NH No.47 from 102-035 Km. to 183-060 Km. in
Chengapalli to Walayar Section through Thekkalur Village, Avinashi Taluk,
Tiruppur District, and compensation was paid. The petitioners filed an appeal
before the first respondent in the year 2011 seeking enhancement of
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W.P.No.22553 of 2021
compensation. It is stated that the petitioners were not called for enquiry and
the same was pending as file Na.Ka.No.8661/2009/OO1. Hence, the petitioners
sent a representation on 03.11.2020 to the first respondent stating that they are
entitled to 30% solatium under Section 23(2) of the Land Acquisition Act.
Since, there was inaction on the part of the respondents, the petitioners filed
this writ petition.
3. Learned counsel for the petitioners submitted that the respondents
have acquired the petitioners' land for the purpose of formation and widening
four/six lane roads. He further submitted that it is the duty of the respondents to
pay statutory entitlement but the respondents failed to do the same. He also
referred to a judgment of the Hon'ble Supreme Court in the case of Union of
India Vs. Tarsem Singh and others, in Civil Appeal No.7064 of 2019, in
support of his contention.
4. Learned Government Advocate appearing for the respondents
submitted that the this Court may direct the respondent to consider the
petitioners' representation dated 03.11.2020 and the same may be considered by
the respondents.
5. Without going into the merits of the case, this Court directs the
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W.P.No.22553 of 2021
respondents to consider the petitioner's representation dated 03.11.2020, and
dispose of the same on the basis of the judgment of Hon'ble Supreme Court in
the case of Union of India Vs. Tarsem Singh and others, in Civil Appeal
No.7064 of 2019, after affording sufficient opportunity to all the parties of
being heard, within a period of twelve weeks from the date of receipt of a copy
of this order.
6. With the above direction, this writ petition is disposed of. No costs.
22.10.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis
W.P.No.22553 of 2021
To
1.The District Collector cum Arbitrator,
Palladam Road,
Thiruppur District.
2.The Competent Authority
and Special District Revenue Officer,
(Land Acquisition)
National Highways 47 & 67,
Coimbatore.
3.The Project Officer,
National Highways Authority of India,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.No.22553 of 2021
V. BHAVANI SUBBAROYAN, J.,
bkn
W.P. No.22553 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis
