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Madras High CourtWP/380/2022disposed of

Govindaraju v. Union Of India

2022-01-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NOS.380 AND 385 OF 2022 AND W.M.P.NOS.439 AND 442 OF 2022

1. Govindaraju

2. Manicandane

3. Mouralidarane

4. Santhanalatchoumy ... Petitioners in W.P.No.380 of 2022

1. Valliammal

2. Kodai

3. Bathmavathi ... Petitioners in W.P.No.385 of 2022 Vs

1. Union of India, Rep.by the Secretary to Government, Revenue Department, Government of Pondicherry, Pondicherry.

2. Revenue Officer-cum-Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry.

... Respondents in both W.Ps Prayer in W.P.No.380 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest to the petitioners in accordance with the provisions of the Land Acquisition Act in respect of the acquisition of lands comprised in R.S.No.18/2 pt. for an extent of 0-58-50 hectares and 192/5 for an extent of 0-13-15 hectares totalling to 0-71-65 hectares at Kalapet, Pondicherry.

Prayer in W.P.No.385 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest to the

petitioners in accordance with the provisions of the Land Acquisition Act in respect of the acquisition of lands comprised in R.S.No.44/5C for an extent of 0-21-40 hectares at Pillaichavady, Pondicherry.

For Petitioners in both W.Ps : Mr.R.Venkatesulu For Respondents in both W.Ps : Mr.C.T.Ramesh Additional Government Pleader (Puducherry) COMMON ORDER Both the writ petitions are filed to issue a Writ of Mandamus to direct the respondents to pay interest to the petitioners in accordance with the provisions of the Land Acquisition Act in respect of the acquisition of lands comprised in R.S.No.18/2 pt. for an extent of 0-58-50 hectares and 192/5 for an extent of 0-13-15 hectares totalling to 0-71-65 hectares at Kalapet, Pondicherry and the lands comprised in R.S.No.44/5C for an extent of 0-21-40 hectares at Pillaichavady, Pondicherry.

2. Considering the limited relief sought for in the petitions, without expressing any opinion on the merits of the writ petitions, the second respondent is directed to consider the representation of the petitioners, dated 27.07.2021, in the light of the judgment of the Hon'ble Supreme Court of India in Union of India Vs. Pushpavathi & others reported in 2018 (4) MLJ pg.140, after issuance of notice to the petitioners and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

3. With the above direction, both the writ petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kv

To

1. The Secretary to Government, Union of India, Revenue Department, Government of Pondicherry, Pondicherry.

2. The Revenue Officer-cum-Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry.

+2ccs to M/s.Usha Ramman, Advocate, S.R.No.3345, 3346 W.P.Nos.380 and 385 of 2022 RGN(CO) RLP(11/02/2022)