B.Krishnamoorthy v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No. 1335 of 2020 B.Krishnamoorthy ... Petitioner Vs.

1.

The State of Tamil Nadu Rep. by its Secretary to Government Industries Department Fort St. George, Chennai - 600 009.

2.

State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT), Rep. by its Managing Director 19-A, Rukmani Lakshmipathy Road Egmore, Chennai - 600 008.

The District Collector Kancheepuram Collectorate 4.

The Special District Revenue Officer, (Land Acquisition) SIPCOT- Orgadam Expansion Scheme II Sriperambudur, 5.

The Special Tashildar, (Land Acquisition) Unit - I, SIPCOT Oragadam Expansion Scheme II Sriperambudur, Kancheepuram - 631 501.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 5th respondent refer the case of the petitioner to the 3rd respondent under Section 7(3) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for determination of the amount of compensation for acquisition of vacant house site of the petitioner measuring 1680 sq.ft., bearing Plot No. 191 B in "Vikarama Rajasingapuram" Part-II as approved layout No. L.P./DTCP No. 4088 / 89 comprised in Survey

No. 231/2A, V.No. 182, Eraiyur Village, (Vaipur 'B' Block), Sriperambudur Taluk and consequently, directing the third respondent to dispose of the referred case of the petitioner in compliance of Section 7 of the said Act in determining the amount within a time to be fixed by this Hon'ble Court. For Petitioner :

Mrs. L.Sasireka For RR 1, 3, 4 & 5:

Mr. K.M.D.Muhilan Government Advocate For 2nd Respondent :

Mr. Deepan Raj Krishna Standing Counsel

ORDER

A memo has been filed on behalf of the second respondent by Mr. V.Deepan Raj Krishna, learned Standing Counsel for the second respondent and it is as follows:- "2.

In compliance of the order dated 30.07.2012 of this Hon'ble Court made in the earlier Writ Petition filed by the petitioner herein being W.P.No. 19930 of 2012, the third respondent herein passed an award on 29.01.2020 exclusively for the petitioner's land under Section 7(3) of the Act. Consequent upon passing of award, a Cheque for Rs.2,55,217/- bearing No. 274414 dated 29.04.2020 was drawn from the Treasury account in favour of the petitioner herein. The fifth respondent has reported that in view of the Covid-19 Pandemic situation, the petitioner was not able to receive the cheque in time and therefore a revalidation cheque for the same amount bearing No. 274584 dated 31.08.2020 was handed over to the petitioner herein on 01.09.2020 towards payment of compensation. The copy of the proof of receipt of the cheque by the petitioner is appended herewith substantiating remittance made towards payment of compensation which is the subject matter of writ petition.

Since the prayer sought for by the petitioner viz., determination of compensation under Section 7(3) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for his land has been duly complied with by making

payment of compensation and the petitioner having received the entire compensation amount as per the award, there is no necessity for pursuing the above Writ Petition.

In view of the above, this Hon'ble Court may be pleased to record the above and pass orders accordingly.

Dated at Chennai this the 18th day of Marc 2021.

Counsel for 2nd Respondent V.Deepan Raj Krishna No.160, G-9, Hussain Plaza Thambu Chetty Street, Chennai-1."

2.

In view of the same, nothing further survives in the Writ Petition. Hence, this Writ Petition is dismissed as infructuous. No order as to costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar vsg To 1.

The Secretary to Government State of Tamil Nadu Industries Department Fort St. George, Chennai - 600 009.

2.

Managing Director State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT), 19-A, Rukmani Lakshmipathy Road Egmore, Chennai - 600 008.

The District Collector Kancheepuram Collectorate

4.

The Special District Revenue Officer, (Land Acquisition) SIPCOT- Organdam Expansion Scheme II Sriperambudur, 5.

The Special Tashildar, (Land Acquisition) Unit - I, SIPCOT Oragadam Expansion Scheme II Sriperambudur, Kancheepuram - 631 501.

+1cc to the Government Pleader, S.R.No.42060 W.P.No. 1335 of 2020 KSM(CO) SU(09/09/2021)