Citation : 2022 Latest Caselaw 1841 Mad
Judgement Date : 4 February, 2022
WP.No.3851 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.3851 of 2021
Munikrishnan ... Petitioner
Vs
1.The Special Secretary to Government,
Public Works Department,
Secretariat, Fort St.George,
Chennai
2.The District Collector,
Collector Office,
Tirupattur District
3.The Sub-Collector,
Collector Office,
Tirupattur District ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to pay
compensation for the acquisition of land belonging to the petitioner as
determined by the Sub Court, Tirupattur in LAOP.No.50 of 2001 connected
wth LAOP.Nos.35 of 2001 to 54 of 2001 dated 19.08.2005.
For Petitioner : Mr.V.Raghavachari
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader
1/4
https://www.mhc.tn.gov.in/judis
WP.No.3851 of 2021
ORDER
The writ petition has been filed for direction directing the
respondents to pay compensation for the acquisition of land belonging to
the petitioner as determined by the Sub Court, Tirupattur in LAOP.No.50 of
2001 connected with LAOP.Nos.35 of 2001 to 54 of 2001 dated 19.08.2005.
2. The case of the petitioner is that the land owned by the
petitioner's predecessor were acquired by the third respondent for the
benefit of the first respondent for the purpose of Andiappoannoor Odai
Reservoir Project. After acquisition, the third respondent passed award
bearing award No.4 of 2000-2001 dated 06.01.2001. The petitioner received
compensation under protest and sought for reference under Section 18 of the
Land Acquisition Act, 1894 for enhancement of compensation. Accordingly,
LAOP was preferred and numbered as LAOP.No.50 of 2001 connected with
LAOP.Nos.35 of 2001 to 54 of 2001 along with other claimants on the file
of the Sub Court, Tirupattur. By the judgment and decree dated 19.08.2005.
the compensation amount was enhanced to Rs.8/- per sq.ft. Aggrieved by
the same, the third respondent preferred appeal suits in AS.Sr.65072 of
https://www.mhc.tn.gov.in/judis WP.No.3851 of 2021
2006, AS.Nos.152 to 157, 424 to 429 of 2007 and AS.Nos.343 to 347 of
2010. All the appeals were dismissed by this Court by judgment and decree
dated 23.07.2010. There was no appeal aggrieved by the judgment and
decree passed in the appeal suits. However, the enhanced compensation
amount has not been paid till today and as such the petitioner made
representation for deposit of the compensation amount.
3. Considering the above, the second respondent is directed to
deposit the compensation amount as awarded in LAOP.No.50 of 2001
connected with LAOP.Nos.35 to 54 of 2001 on the file of the Sub Court,
Tirupattur dated 19.08.2005 within a period of twelve weeks from the date
of receipt of copy of this order.
4. With the above direction, this writ petition is disposed of. No
order as to costs.
04.02.2022
lok Index:Yes/No Internet:Yes/No Speaking/Non speaking
https://www.mhc.tn.gov.in/judis WP.No.3851 of 2021
G.K.ILANTHIRAIYAN, J.
lok To
1.The Special Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai
2.The District Collector, Collector Office, Tirupattur District
3.The Sub-Collector, Collector Office, Tirupattur District
WP.No.3851 of 2021
04.02.2022
https://www.mhc.tn.gov.in/judis
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