Citation : 2025 Latest Caselaw 68 Mad
Judgement Date : 1 April, 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.32018 of 2022
1.J.Charles Soundararaj
2.Rathinam
3.Sangeetha
4.Murugesan
5.A.Subraanian
6.Vijayalakshmi
7.C.Kannan
8.S.Venkatachalam
9.Dhanalakshmi
10.R.Govidhan
11.K.Rayathurai
12.R.Pandian
13.P.Ravikumar
14.S.Krishnan
15.Shamshat Begum
16.Mookayee
17.M.Poomalai
18.Meena
19.Rajeswari
20.Rajendran
21.P.Rangasamy
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22.N.Sivakumar
23.Pappayee
24.A.Anbazhagan
25.Valli
26.A.Parameswaran
27.R.Nallappillai
28.Saravanan
29.S.Rani
30.R.Durairaj .... Petitioners
-Vs-
1.The Special District Revenue Officer
(Land Acquisition)
The Competent Authority Land Acquisition
National Highways-68, Room No.414
4th Floor, Collector Office Building
Salem 636 001.
2.The Project Officer
National Highways Authority of India-68
Salem. .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus, directing the respondents to disburse the statutory
entitlement namely solatium and interest till the day of payment to the petitioner for
the land acquired by the respondents in Survey No.332/3A1B at Chinnasalem Village,
Kallakurichi District for widening of National Highways 68, in the light of judgment of
Hon'ble Supreme court of India in the matter of Union of India and Another .vs.
Tarsem singh and others in Civil appeal No. 7064 of 2019 dated 19.09.2019 by
considering petitioner's representation dated 16.09.2022 within time frame.
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For Petitioners : Mr.R.Nalliyappan
For Respondents : Mr.P.Kumaresan
Additional Advocate General
Asst.by
Mr.P.Sathish
Additional Government Pleader for R1
Mr.Su.Srinivasan
Standing Counsel for R2
ORDER
This writ petition has been filed for a direction to the respondents to disburse
the solatium and interest as per the judgement of the Apex Court in Union of India
and Another .Vs. Tarsem Singh and others reported in 2019(9) SCC by
considering the representation made by the petitioners on 16.09.2022.
2.Heard Mr.R.Nalliyappan, learned counsel for the petitioners, Mr.P.Kumaresan,
learned Additional Advocate General for R1 and Mr.Su.Srinivasan, learned Standing
Counsel for R2.
3.The issue involved in the present writ petition is squarely covered by the
earlier orders passed by this Court following the judgement of the Apex Court in
Tarsem Singh case. Useful reference can be made to one of the order passed by this
Court in Etti Gounder .Vs. District Collector, Namakkal District and Others
reported in 2021 6 CTC 618.
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4.Recently, a clarification was sought for before the Apex Court by the NHIA
and the said clarification petition also came to be dismissed by the Apex Court by
order dated 04.02.2025 and thereby confirming the directions issued in Tarsem Singh
case. In view of the above, there shall be a direction to the respondents to disburse
the solatium and interest in accordance with the directions issued in Tarsem Singh
case to the petitioners, within a period of eight (8) weeks from the date of receipt of
copy of the order.
5.This writ petition is disposed of with the above directions. No costs.
01.04.2025
Index : Yes/No NCS : Yes/No KP
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1.The Special District Revenue Officer (Land Acquisition) The Competent Authority Land Acquisition National Highways-68, Room No.414 4th Floor, Collector Office Building Salem 636 001.
2.The Project Officer National Highways Authority of India-68 Salem.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:25 pm ) N.ANAND VENKATESH, J.
KP
Writ Petition No.32018 of 2022
01.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 03:08:25 pm )
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