Madras High Court
M.Latchumama vs The District Collector on 25 January, 2022
W.P.No.32432 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.32432 of 2019
M.Latchumama ... Petitioner
Vs
1. The District Collector,
Krishnagiri.
2. The Land Acquisition Officer-cum-
Special Tahsildar, SIPCOT, Hosur,
Krishnagiri. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to refer the
award proceedings in Award No.2 of 2007 and dated 16.03.2007 to the
concerned Civil Court under Section 18 of the Land Acquisition Act, 1894
for getting a higher compensation insofar as the award of compensation in
respect of the petitioner land are concerned, comprised in Survey
No.269/1B measuring 0.19.5 hectares at Moornapalli Village, Hosur Taluk,
Krishnagiri District.
For Petitioner : M/s.A.Parimala
for M/s.R.Poornima
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W.P.No.32432 of 2019
For Respondents : Mr.G.Ameedius
Government Advocate
ORDER
This writ petition is filed to issue a Writ of Mandamus to direct
the respondents to refer the award proceedings in Award No.2 of 2007,
dated 16.03.2007 to the concerned Civil Court under Section 18 of the Land
Acquisition Act, 1894, for getting higher compensation, insofar as the award
of compensation in respect of the petitioner's land is concerned, comprised
in Survey No.269/1B, measuring 0.19.5 hectares, situated at Moornapalli
Village, Hosur Taluk, Krishnagiri District.
2. The case of the petitioner is that, the land comprised in
S.No.269/1B, ad-measuring an extent of 0.19.5 hectares, situated at
Mooranapalli Village, Hosur Taluk, Krishnagiri District, belonged to the
petitioner and the said land was subjected to acquisition for industrial
purposes. Since the petitioner's husband was ill, the petitioner attended the
enquiry and submitted objections. Thereafter, the award was passed in
Award No.2 of 2007 on 16.03.2007. Therefore, the petitioner sought for
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W.P.No.32432 of 2019
reference under Section 18 of the Land Acquisition Act for getting higher
compensation for the subject land.
3. On a perusal of the counter affidavit filed by the second
respondent, it reveals that, an extent of 15.93.0 hectares of land comprised
in S.No.269/1B etc., situated at Mornapalli Village, Hosur Taluk, was
acquired in the year 2007 for Expansion II of SIPCOT Phase II in Hosur
Taluk. After acquisition, the award had been passed by the second
respondent in Award No.2 of 2007, dated 16.03.2007. The land comprised
in S.No.269/1B belonged to one Muniyappa, viz., the husband of the
petitioner herein. The petitioner had attended the award enquiry on behalf of
her husband and received a sum of Rs.50,013/- as compensation. The
reference under Section 18 of the Tamil Nadu Acquisition of Land for
Industrial Purposes Act, 1997 has been sent to the Sub Court, Hosur on
24.08.2007. It has been taken on file in LAOP No.36 of 2007. However, the
land was wrongly assigned in the name of Munisamiyappa S/o.Obbaiah
instead of Muniyappa, viz., the husband of the petitioner herein. The said
LAOP.No.36 of 2007 related to the petitioner's land and due to
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W.P.No.32432 of 2019
inadvertence, the said LAOP was numbered in the name of the sai
Munisamiyappa S/o. Obbaiah and he is no way related to the subject land.
4. On a perusal of the order and decree dated 07.10.2009 in
LAOP.No.36 of 2007, it is seen that the land comprised in S.No.269/1B was
sub-divided as S.No.269/1A3 of an extent of 0.19.5 hectares of the land. In
the said LAOP, the compensation amount had been enhanced to Rs.8 lakhs
per acre along with other reliefs. Therefore, the Sub Court, Hosur is directed
to correct the judgment and decree passed in LAOP.No.36 of 2007 in the
name of the petitioner (since her husband Muniyappa died) and disburse the
compensation to the petitioner.
5. With the above direction, this Writ Petition is disposed of. No
costs.
25.01.2022
Index:Yes/No
Speaking Order: Yes
kv
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W.P.No.32432 of 2019
To
1. The District Collector,
Krishnagiri.
2. The Land Acquisition Officer-cum-
Special Tahsildar, SIPCOT, Hosur,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
W.P.No.32432 of 2019
G.K.ILANTHIRAIYAN, J.
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W.P.No.32432 of 2019
25.01.2022
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