Madras High Court
A.Kaliaperumal vs State Of Tamil Nadu on 28 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.20925 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.20925 of 2021
A.Kaliaperumal ... Petitioner
vs.
1.State of Tamil Nadu
by the Additional Chief Secretary,
Highways Department,
Commissioner of Land Acquisition,
Chepauk, Chennai-600005.
2.The District Collector,
Thanjavur / Land Acquisition Officer,
Office of the District Collector, Thanjavur.
3.The Revenue Divisional Officer,
Land Acquisition Officer,
The Revenue Divisional Office,
Kumbakonam-612 001.
4.Divisional Engineer,
Tamilnadu Highways Department,
Thanjavur-613001. ... 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 22.07.2021 and direct the
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W.P.(MD)No.20925 of 2021
respondents to pay the compensation for the petitioner’s land 30 Cents
(0.12 Ares) in R.S.144/6B, in Asoor Village, Kumbakonam Taluk,
Thanjavur District which was acquired on 24.04.1994 and also direct the
respondents to pay the amount due as per the decree in L.A.O.P which is
Rs.11,15,927/- (till 20.11.2021) and pay the balance amount after
considering the applicability of Act 38 / 2019 for the petitioner’s 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 22.07.2021, wherein, the petitioner has requested the
respondents to pay the compensation for the property, that was acquired
in the year 1994 in line with the decree, that was passed in L.A.O.P.No.
48 of 2002, dated 28.09.2015 and also consider to pay the balance
amount in line with Act 38 of 2019.
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.
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3.The grievance of the petitioner is that his land was acquired
under the Land Acquisition Act, 1894, in the year 1994 and an award was
passed in the year 1996. Based on the reference made by the petitioner,
the matter was referred to the file of the Principal Subordinate Court,
Kumbakonam in L.A.O.P.No.48 of 2002 and final judgment was passed
on 28.09.2015 fixing the compensation amount of Rs.5,545/- per cent
and for payment of the same with interest and solatium. The above
judgment was put to challenge by the third respondent in an appeal with
delay. This Court by an order dated 18.03.2019, directing the deposit of
the entire compensation amount within a period of four weeks, failing
which, the condone delay petition will automatically stand dismissed. 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.It is clear from the status report filed before this Court that the
amount is yet to be deposited in this case. In view of the same, the
condone delay petition gets automatically dismissed and consequently,
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there is no appeal pending as on date.
5.In the status report, 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 1994 and the award was passed
in the year 1996 and till date, the compensation amount has not been paid
to the petitioner.
6.In view of the above, there shall be a direction to the third
respondent to deal with the representation made by the petitioner on
22.07.2021 and pay the entire compensation amount fixed in L.A.O.P.No.
48 of 2002 dated 28.09.2015 along with interest fixed till date within a
period of four weeks from the date of receipt of a copy of this order.
7.This Writ Petition is disposed of with the above directions. No
costs.
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8.Post this Writ Petition under the caption “for reporting
compliance” on 09.01.2024.
Index :Yes / No 28.11.2023
Internet :Yes / No (2/4)
NCC :Yes / No
cmr
To
1.The Secretary, Adidravidar Welfare Department,
State of Tamil Nadu,
PWD Estate, Chepauk, Triplicane,
Chennai-600005.
2.The District Collector,
Thanjavur / Land Acquisition Officer,
O/o the District Collector, Thanjavur.
3.The Revenue Divisional Officer,
Land Acquisition Officer,
The Revenue Divisional Office,
Kumbakonam-612 001.
4.Divisional Engineer,
Tamilnadu Highways Department,
Thanjavur-613001.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
cmr
28.11.2023
(1/4)
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