Madras High Court
V.Muralidharan vs The Managing Director on 12 September, 2022
WP.No.24179 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
WP.No.24179 of 2022
and W.M.P.No.23163 of 2022
1.V.Muralidharan
2.V.Sambasivam
3.V.Gopalakrishnan ..Petitioners
Versus
1.The Managing Director
Tamil Nadu Housing Board
Nandanam, Chennai – 600 035
now at
C.M.D.A Building Campus
Koyambedu, Chennai – 600 107
2.The Special Tahsildar
Land Acquisition, Unit II
Tamil Nadu Housing Board
Nandanam, Chennai – 600 035
now at
C.M.D.A Building Campus
Koyambedu, Chennai – 600 107 .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents herin to
deposit the balance compensation amount to the credit of LAOP No.55 of
1987 on the file of Sub Court, Poonamallee, as per the Judgment and Decree
dated 09.09.1989 made in L.A.O.P.No.555 of 1987, Sub Court, Poonamallee
and confirmed by Judgment and Decree of this Hon'ble Court dated
31.10.2002 made in A.S.No.404 of 1997.
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WP.No.24179 of 2022
For Petitioner : Mr.M.S.Subramanian
For Respondents : Mr.V.Manoharan
Additional Government Pleader
ORDER
This writ petition is filed seeking for the issuance of Writ of Mandamus
to direct the respondents herin to deposit the balance compensation amount to
the credit of LAOP No.55 of 1987 on the file of Sub Court, Poonamallee, as
per the Judgment and Decree dated 09.09.1989 made in L.A.O.P.No.555 of
1987, Sub Court, Poonamallee and confirmed by Judgment and Decree of this
Hon'ble Court dated 31.10.2002 made in A.S.No.404 of 1997.
2. The case of the petitioner is that the petitioner's land measuring 5.31
acres in Nolambur Village, Ambattur Taluk, Tiruvallur District was acquired
for the purpose of Ambattur Neighbourhood Scheme. Following procedure, an
award was passed in Award No.1 of 1984 dated 31.07.1984. On a reference
under Section 18 of the Land Acquisition Act for enhancement of
compensation in LA.OP.No.555/1987, the Sub Court, Poonamallee fixed the
market value for Rs.1000/-. Against which, the State preferred an appeal in
AS.SR.No.97953 of 1990 and the same was dismissed. Further, the petitioner
filed an appeal for enhancement before this Court in A.S.No.404/1991 and this
Court modified the decree by confirming the land value of Rs.1000 by order
https://www.mhc.tn.gov.in/judis
WP.No.24179 of 2022
dated 31.10.2002. However, the compensation was not paid, hence, this writ
petition.
3. The learned counsel for the petitioner seeks this Court to issue
direction to the second respondent to deposit the balance compensation
amount within a reasonable time as fixed by this Court.
4. Considering the limited request sought for by the petitioner, this
Court without going into the merits of this case, directs the second respondent
to deposit the balance compensation amount as per the order of this Court
dated 31.10.2002 made in A.S.No.404/1991 within a period of six weeks from
the date of receipt of a copy of this order.Thereafter, liberty is granted to the
petitioner to file appropriate petition before the Court for withdrawal of the
deposited amount.
5. With the above direction, this writ petition is disposed of. No costs.
12.09.2022
dhk
Index:Yes/No
https://www.mhc.tn.gov.in/judis
WP.No.24179 of 2022
M.DHANDAPANI, J.
dhk
To
1.The Managing Director
Tamil Nadu Housing Board
Nandanam, Chennai – 600 035
now at
C.M.D.A Building Campus
Koyambedu, Chennai – 600 107
2.The Special Tahsildar
Land Acquisition, Unit II
Tamil Nadu Housing Board
Nandanam, Chennai – 600 035
now at
C.M.D.A Building Campus
Koyambedu, Chennai – 600 107
W.P.No.24179 of 2022
12.09.2022
https://www.mhc.tn.gov.in/judis
