Floori Resortt Limited v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.2688 of 2025 1.Floori Resortt Limited Represented by its Director, Mr.Rajesh Mootha, 555, MKN Road, Alandur, Chennai - 600 016.
2.Rajesh Mootha
...Petitioners
Vs 1.The Government of Tamil Nadu, Represented by the Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Kancheepuram District.
3.The District Revenue Officer - cum - Land Acquisition Officer, SIPCOT, Sriperumbudur.
4.SIPCOT, Represented by its Chairman and Managing Director, rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008.
...Respondents
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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 2 to 4 to consider the representation dated 04.10.2024 and the corrigendum representation dated 01.12.2024 and pay interest for the delay in payment of compensation on the sum of Rs. 1 66 73 882/- for the extent measuring 5.99 Acres comprised in S.Nos. 14/2A 11/2B 14/2C 14/2D1 14/2D2 14/3 15/1 15/2A 15/2B 15/2C for the period 21.02.2008 (date of taking possession ) to 11.08.2011 (date of payment of compensation).
For Petitioners : Mr.Karthik Lakshmanan AR For Respondents : Mr.P.Sathish (For R1 to R3) Additional Government Pleader
ORDER
Aggrieved by the fact that the respondents 2 to 4 have to-date not considered their representations dated 04.10.2024 and 01.12.2024 for payment of interest for the delay in paying compensation for the lands acquired, the petitioners are before this Court. 2.The grievance of the petitioner is that the Government had acquired the lands in question for setting up the SIPCOT Industrial complex, Oragadam Expansion Scheme under the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 and possession of 2/7
the lands were taken in the year 2008 and award came to be passed in 2011 in respect of a portion of the land measuring 23.50 acres. Compensation and interest for delay in payment of compensation was paid in respect of this extent. For the balance 10.25 acres the award was passed for an extent of 5.99 acres under award No.10 of 2011 and the remaining extent of 4.28 acres award has also been passed. With reference to the land measuring 5.99 acres though compensation was calculated as on 21.02.2008, compensation was paid and received under protest on 11.08.2011 and the interest for the delayed payment has not been paid. Therefore, on 04.10.2024, the petitioner had made a representation and since for certain typographical errors in the representation dated 04.10.2024, a corrigendum was sent on 01.12.2024.
The petitioner had also learns that the third respondent had forwarded the petitioner's representation to the Special District Revenue Officer (LA) for further action on 23.12.2024 and there has been no action thereafter. Aggrieved by this, petitioner is before this Court. 3.Heard the learned counsels on either sides and perused the records. The learned Additional Government Pleader takes notice on behalf of the respondent 1 to 3.
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4.Considering the prayer of the petitioner and the fact that representation has been kept pending, the Writ Petition is allowed and mandamus is issued to respondents to consider and pass order on the representation dated 04.10.2024 and the corrigendum within a period of four weeks from the date of receipt of copy of this order. 5.With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 4/7
To 1.The Government of Tamil Nadu, Represented by the Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Kancheepuram District.
3.The District Revenue Officer - cum - Land Acquisition Officer, SIPCOT, Sriperumbudur.
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P.T.ASHA , J, ep W.M.P.No.2688 of 2025 30.01.2025 6/7
W.M.P.No.2687 of 2025 in P.T.ASHA.J, Ordered as prayed for.
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