[Cites 2, Cited by 0]
Madras High Court
Krishnagiri District vs __________ on 12 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 7364 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 7364 of 2026
AND
WMP NO. 7912 OF 2026, WMP NO. 7631 OF 2026, WMP NO. 7630 OF
2026, WP NO. 7007 OF 2026
1. P.Jeyavel
S/o. Ponnuvel,
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
2. Devi
D/o. Pooncholai,
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
3. Murugesan S/o. Late. Duraisamy
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
4. A.Chokkalingam
S/o. Artha Gounder,
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
5. Krishnaveni
W/o. Late. Devaraj Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
6. P.Chinnasamy S/o.Late. Ponna gounder
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
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WP No. 7364 of 2026
7. M.Ponnusamy s/o. Late Muthusamy
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
8. Chinnakannu S/o. Kuppagounder
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
9. Vijaya W/o. C.Vediappan
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
10.G.Boopathy S/o. Late. Govindasamy
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
11.K.Chinnathambi S/o. LAte. P.Kolandai
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
12.Vediammal W/o. Late. C.Murugan
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
13.A.Chinnathambi S/o. Annamalai
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
14.Kalaimani W/o. Sathasivam
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
15.Chinnathambi S/o. Kullammal
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
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WP No. 7364 of 2026
Krishnagiri district
16.Periakkal w/o. Perumal
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
17.C.Dharman s/o. Late. Chinnugounder
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
18.K.Muthuvedi W/o. Kaliappan
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
19.D.Pasupathi S/o. Late. N.Duraisamy
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
20.C.Selvamani S/o. Chinnakannu
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
21.Mani S/o. Late. P.Venkatachalam
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
22.A.Mahalingam S/o. Late. Ayyamperumal
Veeranakuppam Village,
Dhottampatti post, Uthangarai Taluk,
Krishnagiri district
23.Mahalingam S/o. Late. Linga Gounder
Chandrapatti Village, Uthangarai Taluk,
Krishnagiri district
..Petitioner(s)
Vs
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WP No. 7364 of 2026
1. The District Collector
Krishnagiri district,
Krishnagiri
2. The Revenue Divisional officer
O/o. Revenue Divisional office
Krishnagiri
3. The Principal secretary
Water resources Department, Secretariat,
Chennai 09
4. The Principal secretary and commissioner of
Land administration,
Ezhilagam, Chepauk,
Chennai 05
..Respondent(s)
WP No. 7007 of 2026
1. Panneer
S/o late Kuppusamy,
Giddaampatty Village.
Uthankarai Taluk, Krishnagiri District.
2. Duraisamy,
S/o late Kullu Gounder,
Murukkanthal Village,
Uthankarai Taluk, Krishnagiri District
3. Marappan
S/o late Srinivasan.
Murukkanthal Village ,
Uthankarai Taluk, Krishnagiri District
4. Ramasamy,
S/o. Krishnan,
Umaigoundampatty Village.
Uthankarai Taluk, Krishnagiri District.
5. Ramani,
S/o Karian @ Krishnanan,
Kitttamaptty village.
Uthankarai Taluk, Krishnagiri District.
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WP No. 7364 of 2026
6. Sivagamy
D/o Pazhani,
Umaigoundampatty Village.
Uthankarai Taluk, Krishnagiri District.
7. Kandhasamy,
S/o Late. Nallan,
Konappaty Village.
Uthankarai Taluk, Krishnagiri District
8. Marappan,
S/o late Kozhanthai Gounder,
Murukkanthal Village ,
Uthankarai Taluk, Krishnagiri District.
9. Settu,
S/o Moliagounder,
Kittampatty Village,
Uthankarai Taluk, Krishnagiri District.
10.K, Dhasaradhen
S/o Kannappan,
Umaigoundampatty Village,Uthankarai Taluk,
Krishnagiri District.
11.Mani,
S/o late KusaliGounder,
Konappatty Village,
Uthankarai Taluk, Krishnagiri District.
12.Gopal,
S/o Marakgounder,
Kittamaptty Village, Uthankarai Taluk,
Krishnagiri District.
13.Mahendran,
S/o late Yesodha Duraisamy,
Murukkanthal Village, Uthankarai Taluk,
Krishnagiri District.
14.Ponmani ,
/o late Ponnusamy,
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WP No. 7364 of 2026
Murukkanthal Village, Uthankarai Taluk,
Krishnagiri District.
15.Ponnarasu,
S/o late Pon.Kuppusamy,
Murukkanthal Village, Uthankarai Taluk,
Krishnagiri District.
16.Sivalingam
S/o Kaliappan,
Sengalpatty Village, Uthankarai Taluk,
Krishnagiri District.
17.Perumi @ Chinnathai,
W/o Kanthsamy,
M.Vellalapatty Village, Uthankarai Taluk,
Krishnagiri District.
18.Asaithambi,
S/o late. Kuppagounder,
M.Vellalapatty Village, Uthankarai Taluk,
Krishnagiri District
19.Annamalai,
S/o Chinu gounder,
Chinna Chandirapatty, Uthankarai Taluk,
Krishnagiri District.
20.Marimuthu
S/o Late. Thandava Gounder,
Kattanur Village, Uthankarai Taluk, Krishnagiri
District.
21.Chenna Kesaven,
S/o. Seththukatti @ Konaian,
Veeranakuppam, Uthankarai Taluk, Krishnagiri
District.
22.Kanthasamy,
S/o. late. Periyasamy Gounder,
Vennampatty, Uthankarai Taluk, Krishnagiri
District.
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WP No. 7364 of 2026
23.Amutha ,
W/o. Late. Munian alias Loganathan,
(She represent on behalf of her husbands
two brothers namely,
Ramachandran and Abimannan)
Periyakottakulam Village, Uthankarai Taluk,
Krishnagiri District
24.Sivaraj,
S/o. Late. Pondi @ Muruga Gounder,
Chettipatty Village. Uthankarai Taluk,
Krishnagiri District
25.Kashthoori,
D/o. Natesan,
Chandrappatty Village. Uthankarai Taluk,
Krishnagiri District.
26.Kashthoori,
D/o. Natesan,
Chandrappatty Village. Uthankarai Taluk,
Krishnagiri District.
27.Marappan,
S/o. Late Mottaiagounder,
Chandrappatty Village. Uthankarai Taluk,
Krishnagiri District.
28.Dhuraiammal.
W/o. Chinnadhurai,
Chandrappatty Village, Uthankarai Taluk,
Krishnagiri District.
29.Udhaiasurian,
S/o. Late Kandhasamy,
Peria kottakulam village. Uthankarai Taluk,
Krishnagiri District.
30.Jayaraman,
S/o. Late Marakgounder,
Kittampatty Village, Uthankarai Taluk,
Krishnagiri District.
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WP No. 7364 of 2026
31.Harisamy
S/o. Venkatraman,
Umaigoundanpatty Village, Uthankarai Taluk,
Krishnagiri District.
32.Ambigapathy,
S/o. VengaGounder,
Konappaty Village. Uthankarai Taluk,
Krishnagiri District.
33.Velu,
S/o. Vedi,
Chandrapatty. Uthankarai Taluk, Krishnagiri
District.
34.Dhandapani
S/o. Late Kuppammal,
Konappatty. Uthankarai Taluk, Krishnagiri
District.
35.Murugan,
S/o. Adhimoolam,
Murugandhal. Uthankarai Taluk, Krishnagiri
District.
36.Krishnan,
S/0.Late Ponnusamy,
Murugandhal Village. Uthankarai Taluk,
Krishnagiri District.
37.Saravanan,
S/o. Late Ramasamy,
Veeranakuppam. Uthankarai Taluk, Krishnagiri
District.
38.Chellan,
S/o. Late. Chellagounder,
Chandirappatty Village. Uthankarai Taluk,
Krishnagiri District.
39.Rajammal
W/o. Late Samikkannu, Periyakuttkulam.
Uthankarai Taluk, Krishnagiri District
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WP No. 7364 of 2026
40.Murugesan,
S/o. Late Mukkagounder,
Murukanthal Village. Uthankarai Taluk,
Krishnagiri District.
41.Jayaraman,
S/o. JellaiGounder,
UmaiGoundanpatty. Uthankarai Taluk,
Krishnagiri District.
42.Venkatraman
S/o.Late. Thirthan( Chinna Thai),
Chandrappatty. Uthankarai Taluk, Krishnagiri
District.
43.Pasupathi,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
44.Ravi,S/o Late Kuppusamy,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
45.Chinnathambi, S/o Anbalagan.
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
46.Chinnu, S/o. Mottaiyagounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
47.Saradha, D/o Sivagami,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
48.Chinnasamy S/o. Mottaiyagounder
residing at M.Vellalapatty,
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WP No. 7364 of 2026
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
49.Rajavel, S/o Late. Chinnakuppan
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
50.Amsaveni W/o Late Munusamy
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
51.Murugesan, S/o Late Chinnakolandai,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
52.Rukku, W/o Mani,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
53.Sugumar, S/o Late LakshmanaGounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
54.Somasundharam S/o Gandhi,,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
55.Gopal S/o Mottaiyagounder
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
56.Shanmugam , S/o Late Perumal,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
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WP No. 7364 of 2026
57.Subramani, S/o Late Theerthamalai,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
58.Gandhi S/o Late Kandhasamy,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
59.Ramalingam, S/o Late Kullan
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
60.Kanaka W/o Annamalai
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
61.Kanchana, W/o Venkatesan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
62.Alegesan, S/o Late Manikkam,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
63.Meenakshi, W/o. Dhandapani,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
64.Madhesh, S/o. Kandasamylakshmanan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
65.Alagiri, S/o. Periyannan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
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WP No. 7364 of 2026
Krishnagiri District.
66.Ramakrishnan, S/o. Samagaounder
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
67.Ganapathi, S/o. Appavu Naicker,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
68.Chinnasamy, S/o. Molaiyagounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
69.Raji S/o. Chinnappagounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
70.Muthusamy. S/o. Karuppannagounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
71.Theerthagiri, S/o. Kandhasamy,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
72.Murugesan, S/o.Mariammalchinnappan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
73.Kuppayee @ Kanaga, W/o. Arumugam,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
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WP No. 7364 of 2026
74.Jayaraman, S/o.Ponnusamy
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
75.Muthammal, D/o. Pachiammalayyannan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
76.Muthusamy, S/o. Gandhi@ Nallappan,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
77.Selliammal, W/o. Andigounder,
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
78.Moorthi, S/0.Kuppusamy
residing at M.Vellalapatty,
Pachinampatty of Uthankarai Tk,
Krishnagiri District.
..Petitioner(s)
Vs
1. The District Collector,
Dharmapuri District,
Dharmapurai
2. The District Collector,
O/o. Krishnagiri Collector Office,
Krishnagiri.
3. The Revenue Divisional Officer /LAO
O/o The Revenue Divisional Office,
Krishnagiri.
4. The Executive Engineer.
Water Resources Department
Mel Pennar Vadi Nila kottam. Dharmapuri.
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WP No. 7364 of 2026
5. The Chief Engineer
Water Resources Department Chennai Region,
Chepauk, Chennai-600 005.
6. The Principal Secretary
The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai-600 005.
7. The Govt. Special Secretary,
The Water Resources Department,
Secretariat, Fort St.George,
Chennai-600 009.
..Respondent(s)
W.P.No.7364 of 2026
Writ petition is filed under Article 226 of the Constitution of India
seeking for issuance of a writ of mandamus to direct the respondents to pay the
interest for Additional Market value and solatium from 1.11.1982 to 18.09.2021
and the total interest from 1.01.2022 to 31.03.2022 at the rate of 15 percent per
annum in the light of the judgment and decree dated 15.09.1995 passed in
LAOP No. 110 of 1989 to 115 of 1989 on the file of Sub Judge, Dharmapuri
and by considering the representations of the petitioners herein dated
03.06.2024 and 13.08.2024 to the above petitioners within a reasonable period
as fixed by this Honble court and pass
WP No. 7007 of 2026
Writ petition is filed under Article 226 of the Constitution of India
seeking for issuance of a writ of certiorarified mandamus to call for the entire
records leading to the issue of proceedings bearing No. Na. Ka. 3668/2005/P
dated 06.05.2024 on the file of the 3rd respondent herein quash the same and
consequently direct the respondents herein to disburse the enhanced
compensation amount as per the petitioners application dated 04.12.1995 and
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WP No. 7364 of 2026
05.12.1995 under section 28A in par with the compensation awarded in
L.A.O.P. No. 108 to 116/1989 dated 15.09.1995 passed by the Subordinate
Court, Dharmapuri to the Petitioners.
For Petitioner(s): Mr.R.Nalliyappan
For Respondent(s): Mr.D.Ravichander, SGP
COMMON ORDER
W.P.No.7364 of 2026 has been filed seeking for a direction to the
respondents to pay enhanced compensation to the petitioners in the light of the
judgment and decree dated 15.09.1995 passed in LAOP.Nos.110 to 115 of 1989
on the file of Sub-Court, Dharmapuri.
2. W.P.No.7007 of 2026 has been filed challenging the impugned
proceedings of the third respondent dated 06.05.2024 rejecting the petitioners’
applications said to have been submitted under Section 28A of the Land
Acquisition Act, 1894 (in short “the Act”) on the ground that there is no
evidence available with the respondents to prove that the petitioners had in fact
submitted their applications on 04.12.1995 and 05.12.1995 under Section 28A
of the Act seeking for enhancement of the compensation.
3. Since the subject matter of both the writ petitions pertain to the very
same acquisition, both the writ petitions are disposed of by a common order.
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4. Admittedly, the lands which are the subject matter of these writ
petitions were acquired by the respondents as per the provisions of the Land
Acquisition Act and the said acquisition has also attained finality. For an
application to be filed under Section 28A of the Act seeking for enhancement of
the compensation, necessarily, the said application will have to be submitted
within a period of three months from the date of the award.
5. The respondents have categorically stated before this Court that the
applications said to have been submitted by the petitioners on 04.12.1995 and
05.12.1995 under Section 28A of the Act were never received by them. The
petitioners have also not produced any proof by way of clinching evidence to
prove that the said applications dated 04.12.1995 and 05.12.1995 were
submitted with the respondents under Section 28A of the Act. The only proof
produced by the learned counsel for the petitioners after filing of W.P.No.7007
of 2026 is in the form of certificate of posting receipt. In the said receipt, the
sender name is not mentioned, and only the recipient name alone is mentioned.
The said document is also disputed by the learned Special Government Pleader
for the respondents on instructions.
6. As observed earlier, any application filed under Section 28A of the Act
seeking for enhancement of compensation will have to be submitted within a
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period of three months from the date of the award. Admittedly, the award for
which enhancement of compensation is sought for by the petitioners is of the
year 1995. The petitioners have filed W.P.No.7007 of 2026 after a lapse of
more than 30 years from the date of the award. Even assuming that the
petitioners’ contention that they submitted applications under Section 28A of
the Act on 04.12.1995 and 05.12.1995 is true, their failure to take any further
steps or pursue appropriate legal action for a period of 30 years indicate a lapse
on their part in approaching the proper legal forum to adjudicate their rights.
7. Since there is no evidence placed on record to prove that the petitioners
had submitted applications on 04.12.1995 and 05.12.1995 under Section 28A of
the Act with the respondents, the question of entertaining this writ petition after
a lapse of more than 30 years from the date of the award does not arise, as, if the
same is entertained, it will amount to entertaining a cause of action, which is
hopelessly barred by limitation.
8. Insofar as the other writ petition, namely, W.P.No.7364 of 2026
involving the very same land acquisition is concerned, the said writ petition is
not maintainable, since it is an admitted fact that no application was submitted
by the petitioners in the above said writ petition within the prescribed time limit
of three months from the date of the award, which was passed in the year 1995,
as stipulated under Section 28A of the Act seeking for enhancement of the
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compensation.
For the foregoing reasons, this Court does not find any merit in both the
writ petitions on the ground of latches. Accordingly, both the writ petitions are
dismissed. No Costs. Consequently, writ miscellaneous petitions are closed.
12-03-2026
Neutral Citation: Yes/No
RKM
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To
1. The District Collector
Krishnagiri district,
Krishnagiri
2. the Revenue Divisional officer
O/o. Revenue Divisional office
Krishnagiri
3. The Principal secretary
Water resources Department, Secretariat,
Chennai 09
4. The Principal secretary and commissioner of
Land administration,
Ezhilagam, Chepauk,
Chennai 05
5. The Revenue Divisional Officer /LAO
O/o The Revenue Divisional Office, Krishnagiri.
6.The Executive Engineer.
Water Resources Department
Mel Pennar Vadi Nila kottam. Dharmapuri.
7. The Chief Engineer
Water Resources Department Chennai Region,
Chepauk, Chennai-600 005.
8. The Principal Secretary
The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai-600 005.
9.The Govt.Special Secretary,
The Water Resources Department,
Secretariat, Fort St.George,
Chennai-600 009.
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ABDUL QUDDHOSE J.
RKM
AND
WMP NO. 7912 OF 2026,WMP NO. 7631 OF 2026,WMP NO. 7630 OF
2026,WP NO. 7007 OF 2026
12-03-2026
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