Madras High Court
The State Of Tamil Nadu vs R.Sarasa on 7 November, 2024
W.A(MD)No.446 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2024
CORAM:
THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN
and
THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI
W.A(MD)No.446 of 2020
and
C.M.P(MD)No.3190 of 2020
1.The State of Tamil Nadu,
Rep. by its Secretary,
Transport I-2 Department,
Fort St. George,
Chennai.
2.The District Collector,
Madurai District,
Madurai.
3.The Special Tahsildar,
Land Acquisition,
Madurai Airprt Expansion,
Madurai-20. ... Appellants/Respondents
Vs.
R.Sarasa ... Respondent/Petitioner
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.446 of 2020
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 27.11.2018 passed in W.P(MD)No.23398 of 2018.
For appellants : Mrs.D.Farjana Ghousia
Special Government Pleader
For Respondent : Mr.M.Mohamed Nihal
for M/s.Ajmal Associates
JUDGMENT
(Order of the Court was made by RMT.TEEKAA RAMAN,J.)
This Intra Court appeal is directed against the order passed by the writ
Court, dated 27.11.2018 in W.P(MD)No.23398 of 2018.
2. The respondent herein filed a writ petition in W.P(MD)No.23398 of
2018 challenging the acquisition proceedings, in respect of expansion of
Madurai Airport, passed by the third respondent in the writ petition and the
alternative prior is to reconveyance of the property. By an order dated 27.11.2018
the learned Single Judge has directed the respondents to disburse a sum of
Rs.1,34,836/- towards compensation to the petitioner within a period stipulated
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time fixed by this Court and also awarded a cost of Rs.25,000/- payable to the
writ petitioner by the respondents/appellants. It is also observed that as there is
no provision for reconveyance in the Tamil Nadu Acquisition of Land for
Industrial Purposes Act, 1997, the request of the petitioner for reconveyance was
denied.
3. Aggrieved against the award of cost of Rs.25,000/-, the State has
preferred this writ appeal.
4. The learned Special Government Pleader appearing for the appellants
would submit that the amount of Rs.1,34,836/- (Rupees One Lakh Thirtyfour
Thousand Eight Hundred Thirtysix only) as directed by this Court was paid on
18.01.2019 in the account of the writ petitioner. He further submitted that in view
of the new Act, some clarity has been given resulted in held payment. The same
is accepted. Therefore, the cost of Rs.25,000/- (Rupees Twentyfive Thousand
only) awarded by the learned Single Judge, is set aside.
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5. Accordingly, the writ appeal is partly allowed. No costs. Consequently,
connected miscellaneous petition is closed.
[T.K.R.,J.] [K.G.T.,J.]
07.11.2024
Index : Yes / No
Internet : Yes / No
am
To
1.The Secretary,
The State of Tamil Nadu,
Transport I-2 Department,
Fort St. George,
Chennai.
2.The District Collector,
Madurai District,
Madurai.
3.The Special Tahsildar,
Land Acquisition,
Madurai Airprt Expansion,
Madurai-20.
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN, J.
and
K. GOVINDARAJAN THILAKAVADI,J.
am
JUDGMENT MADE IN
07.11.2024
https://www.mhc.tn.gov.in/judis
