Madras High Court
S.Kalimuthu vs State Of Tamil Nadu on 28 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.17750 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.17750 of 2021
S.Kalimuthu ... Petitioner
vs.
1.State of Tamil Nadu,
by the Secretary, Adidravidar Welfare Department,
PWD Estate, Chepauk, Triplicane,
Chennai-600 005.
2.The Additional Chief Secretary/ Commissioner of
Land Acquisition,
Chepauk, Chennai - 600 005.
3.The District Collector, Thanjavur / Land Acquisition Officer,
Adidravidar Welfare Department,
Office of the District Collector, Thanjavur.
4.The Special Thasildar / Land Acquisition Thasildar,
Adidravidar Welfare Department cum Land Acquisition Office,
Bakthapuri Agraharam,
Kumbakonam – 612 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents to
consider the petitioner’s representation dated 08.12.2020 and direct the
respondents to pay the compensation for the petitioner land 77.805 cents
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W.P.(MD)No.17750 of 2021
(0.31.5 Ares) in R.S.105/5, Neikuppai Village, Thiruvidaimarudur Taluk,
Thanjavur District which was acquired on 03.02.1998 and for which the
Appeal L.A.A.S.3/1999 was filed and the Market Value is fixed for
which E.P.No.121/2017 is filed and pending on the file of Principal Sub-
Court, Kumbakonam for which no payment was made due to the
subsequent Acts and also direct the respondents to pay the amount due as
per Decree in L.A.O.P and pay the balance amount after considering the
applicability of Act 38/2019 for the petitioner land.
For Petitioner :Mr.M.V.Santharaman
For Respondents :Ms.S.Jayapriya
Government Advocate
*****
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the respondents to consider the representation made
by the petitioner on 08.12.2020, wherein, the petitioner has requested the
respondents to pay the compensation for the property, that was acquired
in the year 1993 in line with the decree, that was passed in L.A.A.S.No.3
of 1999, dated 16.09.2016 and also consider to pay the balance amount in
line with Act 38 of 2019.
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2.Heard Mr.M.V.Santharaman, learned Counsel appearing on
behalf of the petitioner and Ms.S.Jeyapriya, learned Government
Advocate appearing on behalf of the respondents.
3.The grievance of the petitioner is that his land was acquired
under the Land Acquisition Act, 1894, in the year 1993 and an award was
passed in the year 1994. Based on the reference made by the petitioner,
the matter was referred to the file of the Principal Subordinate Court,
Kumbakonam in L.A.A.S.No.3 of 1999 and final judgment was passed
on 16.09.2016 fixing the compensation amount of Rs.3,270/- per cent
and for payment of the same with interest and solatium. In spite of the
order passed, the compensation amount was not deposited and hence, the
present Writ Petition has been filed before this Court seeking for
appropriate directions.
4.In the status report filed before this Court, some difficulty has
been expressed in calculating and paying the compensation and this
Court is not concerned about the difficulty, that has been expressed since
this is a case where the lands were acquired as early in the year 1993 and
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the award was passed in the year 1994 and till date, the compensation
amount has not been paid to the petitioner.
5.In view of the above, there shall be a direction to the third
respondent to deal with the representation made by the petitioner on
08.12.2020 and pay the entire compensation amount fixed in
L.A.A.S.No.3 of 1999 dated 16.09.2016 along with interest fixed till date
within a period of four weeks from the date of receipt of a copy of this
order.
6.This Writ Petition is disposed of with the above directions. No
costs.
7.Post this Writ Petition under the caption for reporting
compliance, on 09.01.2024.
Index :Yes / No 28.11.2023
Internet :Yes / No (3/4)
NCC :Yes / No
cmr
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To
1.The Secretary, Adidravidar Welfare Department,
State of Tamil Nadu,
PWD Estate, Chepauk, Triplicane,
Chennai-600005.
2.The Additional Chief Secretary/ Commissioner of
Land Acquisition,
Chepauk, Chennai - 600 005.
3.The District Collector, Thanjavur / Land Acquisition Officer,
Adidravidar Welfare Department,
Office of the District Collector, Thanjavur.
4.The Special Thasildar / Land Acquisition Thasildar,
Adidravidar Welfare Department cum Land Acquisition Office,
Bakthapuri Agraharam,
Kumbakonam – 612 001.
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N.ANAND VENKATESH, J.
cmr
28.11.2023
(3/4)
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