Madras High Court
Unknown vs The Secretary To The Government Of Tamil ... on 24 January, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.45 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No. 45 of 2025
1.Tmt.Palaniammal
2.Tmt.Thabitha
3.Thiru.Duraisamy
4.Tmt.Kalyani
5.Thiru.Vijayakumar
6.Thiru.Srinivasan
7.Tmt.Angammal
8.Thiru.Periyasamy
9.Thiru.Nagarajan
10.Thiru.Krishnamoorthy
11.Tmt.Anjugam
12.Tmt.Kowsalya
13.Tme.Suganya
14.Tmt.Jayasree Nair
1/8
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W.A.No.45 of 2025
15.Tmt.Saarika Menon
16.Tmt.Kaveri
17.Thiru.Malaiyappan
18.Tmt.Deepika
19.Thiru.Selvaraj
20.Thiru.Selvaraj
21.Thiru.Krishnankutty
22.Tmt.R.Sumathy
23.Thiru.R.Chandrakumar
24.Tmt.R.Sivaranjani
25.Tmt.Jothi
26.Tmt.Pechiammal
27.Thiru.Visuvasam
28.Tmt.Jackulin Arul Jancy Rani
29.Tmt.Estherrani
30.Thiru.Nachimuthu
31.Thiru.Kanagaraj
32.Thiru.S.Muthiya
33.Tmt.M.Chandrakala
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W.A.No.45 of 2025
34.Thiru.Dhanaraj
35.Thiru.Gurusamy
36.Thiru.Ruban Gnanaraj
37.Tmt.Hema Anandhi
38.Gunasekari
39.Kamala Saraswathi
40.K.Rajanbabu
41.K.Rajamani ... Petitioners / Appellants
Vs.
1.The Secretary to the Government of Tamil Nadu
Transport Department
Secretariat
Fort St. George
Chennai ? 600 009.
2.The District Collector
Coimbatore District
Coimbatore.
3.The District Revenue Officer (L.A)
Airport Runway Extension
Coimbatore.
4.The Special Tahsildar (L.A)
Unit~III
Airport Runway Extension
Coimbatore.
3/8
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W.A.No.45 of 2025
5.The Director
Airport Authority of India
Coimbatore. ... Respondents / Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 12.06.2023 made in W.P.No.4394 of 2023.
For Appellants : Mr.R.Soniaglory
For Respondents : Mr.P.Balathandayutham
Special Government Pleader for R1
Mr.Vadivelu Deenadayalan
Addl. Government Pleader for R2 to R4
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The appellants are aggrieved by the order of the Writ Court made in
W.P.No.4394 of 2023 dated 12.06.2023.
2. The prayer in the Writ Petition was for payment of interest on the
compensation that was paid by the Government pursuant to an agreement
reached between the parties under Section 7(5) of the Tamil Nadu
Acquisition of Land for Industrial Purposes Act, 1997.
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3. The learned counsel for the appellants would heavily rely upon the
judgment of the Division Bench made in W.P.No. 2116 of 2017 etc., batch
dated 18.08.2020 wherein, there is a specific direction for payment of
interest, since there was a delay on the part of the Government in disbursing
the compensation agreed to.
4. It is brought to our notice that the order of the Division Bench
dated 18.08.2020 is under challenge before the Hon'ble Supreme Court in
S.L.P.(Civil)Nos. 12770 to 12783 of 2020 and the Hon'ble Supreme Court
has passed the following interim order therein:-
“In the meantime, payment of compensation as per the
settlement shall be made. However, the direction of the High
Court to pay interest shall remain stayed.”
5. The learned counsel for the appellants would submit that the said
proceedings are pending before the Hon'ble Supreme Court.
6. In view of the fact that the question of payment of interest is
pending before the Hon'ble Supreme Court for adjudication and there is also
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a stay order, we do not think, the appellants were right in moving this Court
seeking payment of interest. The appellants shall await the outcome of the
decisions in the above SLPs, regarding their claim for interest. It is made
clear that the liability of the Government to pay interest will depend on the
outcome of the SLP referred to supra de hors any observation made by the
Writ Court in the order under appeal dated 12.06.2023.
7. This Writ Appeal is therefore, dismissed with the above
observations. No costs. It will be open to the appellants to seek any relief
regarding payment of interest, if they are successful before the Hon'ble
Supreme Court.
(R.S.M., J.) (C.K., J.)
24.01.2025
kkn
Index: No
Speaking
Neutral Citation : No
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To:-
1.The Secretary to the Government of Tamil Nadu
Transport Department
Secretariat
Fort St. George
Chennai ? 600 009.
2.The District Collector
Coimbatore District
Coimbatore.
3.The District Revenue Officer (L.A)
Airport Runway Extension
Coimbatore.
4.The Special Tahsildar (L.A)
Unit~III
Airport Runway Extension
Coimbatore.
5.The Director
Airport Authority of India
Coimbatore.
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R.SUBRAMANIAN, J.
and
C.KUMARAPPAN, J.
KKN
24.01.2025
https://www.mhc.tn.gov.in/judis
