Madras High Court
M.Rajamanickam vs The Member Secretary on 13 April, 2022
W.P.No.9184 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.9184 of 2022 and
W.M.P.No.8937 of 2022
M.Rajamanickam ...Petitioner
vs.
1. The Member Secretary,
Chennai Metropolitan Development Authority,
(Chennai Outer Ring Road Scheme)
No.8, Gandhi Irwin Road, Egmore, Chennai – 600 008.
2. The Special Tahsildar (LA)
& Land Acquisition Officer Unit IV,
Chennai Outer Ring Road Scheme,
Chennai Metropolitan Development Authority,
Koyambedu, Chennai – 600 107.
3. Tamil Nadu Road Development Company Ltd.,
Rep. by its Chairman & Managing Director,
171, II Floor, Tamil Nadu Maritime Board Bldg.,
South Kesava Perumal Puram,
Pasumpon Muthuramalaingam Road,
Raja Annamalaipuram, Chennai – 28. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the 1st respondent to make payment of
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.9184 of 2022
the enhanced compensation to the petitioner in terms of the judgment and
decree dated 02.07.2021 passed by the Hon'ble Principal District Judge,
Tiruvallur In L.A.O.P.No.230 of 2020 within a period as may be fixed by
this Court.
For Petitioner : Mr.R.Maheswari
For Respondents : Mrs.P.Veena Suresh
CMDA for RR1 and 2
Mr.A.Anandan
Government Advocate for R3
ORDER
This writ petition has been filed seeking for issuance of a Writ of
Mandamus to direct the 1st respondent to make payment of the enhanced
compensation to the petitioner, in terms of the judgment and decree dated
02.07.2021 passed by the Principal District Judge, Tiruvallur In
L.A.O.P.No.230 of 2020 within a period that may be fixed by this Court.
2. The case of the petitioner is that petitioner is the owner of the land
in Old Survey No.8/8 of an extent of 0.02.0 Ares situated at Tiruninravur
Village. Subsequently, an Award was passed on 15.03.2010 by the 2nd
respondent for acquiring petitioner's land for the purpose of formation of
https://www.mhc.tn.gov.in/judis
W.P.No.9184 of 2022
Outer Ring Road Project. While that being so, peitioner has filed LAOP
No.230 of 2020 before Principal District Judge Tiruvallur for enhancement
of compensation under Section 18 of Land Acquisition Act, against the
Tahsildar and the same has been partly allowed on 02.07.2021 by directing
the respondents 1 and 2 therein to pay compensation calculated at Rs.1840
per sq. ft. plus 12% solatium and interest. Since the respondents have not
made any payment to the petitioner, he has filed the present Writ Petition
seeking the aforesaid relief.
3. Though very many grounds have been raised in this Writ Petition,
learned counsel for the petitioner submits that it would suffice if this Court
issues direction to the 1st respondent to pay the Award amount in terms of
L.A.O.P.No.230 of 2020 dated 02.07.2021 and pass appropriate orders
within a particular time frame to be fixed by this Court.
4. The learned counsel appearing for Respondents 1 and 2 (CMDA)
and learned Government Advocate for 3rd respondent has no objection for
said order being passed.
https://www.mhc.tn.gov.in/judis
W.P.No.9184 of 2022
5. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
6. In view of the aforesaid submissions, this Court, without
expressing any opinion on the merits of the case, directs the 1st respondent
to pay the Award amount in terms of L.A.O.P.No.230 of 2020 dated
02.07.2021, within a period of twelve weeks from the date of receipt of a
copy of this order.
7. This writ petition is accordingly disposed of. No costs.
Consequently connected miscellaneous petition is closed.
13.04.2022
rap
Index : Yes/No
Speaking order : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.9184 of 2022
To
1. The Member Secretary,
Chennai Metropolitan Development Authority,
(Chennai Outer Ring Road Scheme)
No.8, Gandhi Irwin Road, Egmore, Chennai – 600 008.
2. The Special Tahsildar (LA)
& Land Acquisition Officer Unit IV,
Chennai Outer Ring Road Scheme,
Chennai Metropolitan Development Authority,
Koyambedu, Chennai – 600 107.
3. Tamil Nadu Road Development Company Ltd.,
Rep. by its Chairman & Managing Director,
171, II Floor, Tamil Nadu Maritime Board Bldg.,
South Kesava Perumal Puram,
Pasumpon Muthuramalaingam Road,
Raja Annamalaipuram, Chennai – 28.
https://www.mhc.tn.gov.in/judis
W.P.No.9184 of 2022
M.DHANDAPANI, J.
rap
W.P.No.9184 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
