Madras High Court
S.Vedachalam(Died) vs The State Of Tamil Nadu Rep. By on 26 July, 2023
W.A.No.3692 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.No.3692 of 2019 and
CMP No.23496 of 2019
1. S.Vedachalam(died)
2. M.Arunachalam (died)
3. S.Vaidyanathan
4. S.Natarajan
5. K.Maniyan
6. M.K.Jayasankar
7. Agilandam
8. Umarani
9. Lakshmi
(Appellants 7 to 9 brought on records as LRs of the deceased
first appellant vide order dated 3.11.2020 made in CMP No.12210/2020
in W.A.No.3692/2019)
10. Dhandapani
11. Maragatham
12. Thiyagarajan
Page 1 of 8
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W.A.No.3692 of 2019
13. Jayarani
(appellants 10 to 13 brought on record as LRs of the deceased
second respondent, vide order dated 3.11.2020 made in
CMP No.1211/2020 in W.A.No.3692/2019 ... Appellants
Cause title accepted vide order of this court
dated 15.07.2010 made in MP No.1/2010 in
W.A.SR No42155/2010
Vs.
1. The State of Tamil Nadu rep. by
Commissioner and Secretary to Government,
Social Welfare Department,
St.Fort George, Chennai-9.
2. The Land Acquisition and Special Thasildhar,
(Adi Dravidar Welfare), Villupuram.
3. The District Collector, Villupuram District,
Villupuram.
4. The District Revenue Officer,
Villupuram.
5. M.A.Sanjay Gandhi
6. R.Pungoddai
7. K.Chinnappan
8. S.Singaravel
9. G.Swaminathan ... Respondents
Page 2 of 8
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W.A.No.3692 of 2019
Prayer : Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order passed by this Court in W.P.No.18895/1999 dated 3.12.2008.
For Appellants : Mr.N.Suresh
For Respondents : Mrs. UM.Ravichandran,
Spl.Govt.Pleader for R1 to R4
JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This intra court appeal has been filed by the writ petitioners as against
the dismissal of the writ petition in W.P.No.18895 of 1995 dated 3.12.2008,
wherein, the award dated 04.10.1999 passed by the Special Thasildar,
Villupuram for the lands acquired by the Government, was challenged.
2. The appellant herein/writ petitioners are the owners of small extent
of land in survey Nos.634/1, 634/2, 634/3, 634/4A, 634/4C, 635/1, 635/2,
635/3, 635/4A, 635/4B, 635/8 in Maragathapuram Village, Villupuram
Taluk and District and the same were acquired by the government for
providing House sites for Adi dravidas. According to the appellants, their
lands are agricultural lands in small extent and when there are more suitable
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W.A.No.3692 of 2019
and unyielding house sites are available in the same village, the acquisition
of their lands are illegal. Therefore, they raised objection, however, award
was passed, challenging the same, writ petition has been filed. The Writ
Court dismissed the writ petition. Against which, this intra court appeal has
been filed.
3. The learned counsel for the appellants submitted tha though the
appellants have raised several grounds in the writ petition, same have not
been considered by the Writ Court in proper perspective. He further
submitted that at the time of admission of the appeal, no interim stay was
granted and hence the compensation already deposited was credited to the
revenue deposit. In such circumstances, the learned counsel for the
appellants seeks permission of this Court to make appropriate application
before the authorities concerned for enhancement of compensation under
Section 18 of the Land Acquisition Act. He also submitted that, challenging
the award dated 04.10.1999, immediately the appellants had filed the writ
petition without any delay. He further submitted that, with regard to the
award, no notice was issued to the appellants by the department and hence
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W.A.No.3692 of 2019
they have not made any objection to the authorities concerned in the
reference under Section 18 of the Land Acquisition Act. The above
contention was not denied by the learned Special Government Pleader
appearing for the respondents.
4. The learned Special Government Pleader appearing for the
respondents submitted that, if the appellants/ writ petitioners made their
individual application to the authorities concerned, seeking enhancement of
compensation, the same will be considered, as per the provisions of the Act.
5. In the writ petition, the appellants had challenged the award dated
4.10.1999 issued under section 12(2) of the Land Acquisition Act (provision
was wrongly mentioned in the said notice as section 10(2) of the land
Acquisition Act). However, the respondents have not served notice to the
writ petitioners under Section 12(2) of the above Act. The said Act, reads as
follows.
" 12(2) The Collector shall give immediate notice of his
award to such of the persons interested as are not present personally
or by their representatives, when the award is made. "
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W.A.No.3692 of 2019
The fact reveals that the respondents have not given opportunity to the
appellants/writ petitioners to make their objection to the award and for
determination of the court. Therefore, we are of the view that the appellants
are entitled to make their objection under Section 18 of the Land Acquisition
Act for the compensation awarded and hence, we accept the contention of
the learned counsel for the appellants.
6. Inview of the above, we inclined to pass the following order.
i) The appellants are directed to make their individual representation
before the concerned respondent, within four weeks from the date of receipt
of a copy of this order.
ii) On such representations being received, the concerned respondent
is directed to verify the genuineness of the title of the properties and then
refer the same to the concerned Court for considering the claim of the
appellants under Section 18 of the Land Acquisition Act. The above
exercise shall be completed within 12 weeks from the date of receipt of the
individual representation.
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W.A.No.3692 of 2019
7. With the above directions, this writ appeal is disposed of. No costs.
Consequently connected miscellaneous petition is closed.
(D.K.K.J.) (P.B.B.J.)
26.07.2023
Internet: Yes/No
Index : Yes/No
mst
To
1. The Commissioner and Secretary to Government,
The State of Tamil Nadu,
Social Welfare Department,
St.Fort George, Chennai-9.
2. The Land Acquisition and Special Thasildhar,
(Adi Dravidar Welfare), Villupuram.
3. The District Collector, Villupuram District,
Villupuram.
4. The District Revenue Officer, Villupuram.
Villupuram.
https://www.mhc.tn.gov.in/judis
W.A.No.3692 of 2019
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.No.3692 of 2019
26.07.2023
https://www.mhc.tn.gov.in/judis
