Mr.Annamalai v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. Nos.2196 and 2207 of 2022 and W.M.P.Nos. 2366 and 2372 of 2022 W.P.No.2196 of 2022:
1.Mr.Annamalai
2. Muthuazhagappan
3. Mr.Kasi
4. Mr.Tamilarasu
5. Mrs.Visalakshi
6. Mrs.Alamelu ... Petitioners Vs
1. The Government of Tamil Nadu, Rep. by its Secretary, .. Respondents
W.P.No.2207 of 2022:
1. Mrs.Umayal
2. Mrs.Kaveri 3.Mr.Senthilkumar
4. Mrs.Umamageshwari
5. Mr.K.M.Sundaram
6. Mrs.S.P.Vasantha
7. Mr.Muthiah
8. Mr.Chandrasekar
9. Mr.Kumar
10. Mr.Siva
11. Mrs.Meenal
12. Mr.Radhakrishnan
...Petitioners
Vs
1. The Government of Tamil Nadu, Rep. by its Secretary, .. Respondents Common Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent 1 to 3 and 6 to pay compensation to the Petitioners along with interest as per the agreement dated 06.03.2018, in terms of the orders dated 18.08.2020 made in the batch of writ petitioners in W.P. No. 2116 / 2017 by the Division Bench of this Honble court, considering the representation of the petitioners dated 09.12.2021, in respect of the lands of the petitioners land
situated at Coimbatore District, Coimbatore North Taluk, kalapatty Village, Unit- II Block -15, Comprised in Survey No.525 and 527 measuring an extent of 2.52 Acres and 0.63 cents respectively, in accordance with law.
For Petitioner : Mr.G.Saravanabhavan [in both WPs] For Respondents : Mr.G.Krishnaraja ` [in both WPs] Additional Government Pleader COMMON ORDER Both the writ petitions are filed to direct the respondents 1 to 3 and 6 to pay compensation to the Petitioners along with interest as per the agreement dated 06.03.2018, in terms of the orders dated 18.08.2020 made in the batch of writ petitioners in W.P. No. 2116 / 2017 by the Division Bench of this Honble court, considering the representation of the petitioners dated 09.12.2021, in respect of the lands of the petitioners land situated at Coimbatore District, Coimbatore North Taluk, kalapatty Village, Unit- II Block -15, Comprised in Survey No.525 and 527 measuring an extent of 2.52 Acres and 0.63 cents respectively, in accordance with law.
2.The case of the petitioners are that the petitioners land were sought to be acquired for the expansion of the Coimbatore airport runway. The acquisition process was initiated as per the Tamil Nadu Acquisition of land for Industrial purposes Act.1997. The acquisition process was entangled with batch of writ petition in W.P.Nos.2116 of 2017, 13503 of 2017, 2709 of 2017 on the file of the Hon'ble High Court of Madras. However, the payment of compensation was stranded by the pendency of the above mentioned batch of writ petitions. Now, all the writ petitions are disposed of. Therefore, the petitioners herein are entitled for compensation amount arrived with interest at the rate of 9% per annum from the date of notification under Section 3(2)of the Industrial Purposes Act till the date of payment as per Section 12 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. However, till date the compensation has not been paid. Therefore, the petitioner has filed the present writ petition before this Court seeking the above said prayer.
3. The learned counsel for the petitioners submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 09.12.2021 within the stipulated time as fixed by this Court.
4. The learned Additional Government Pleader submitted that the representation of the petitioners will be considered and appropriate orders will be passed in accordance with law within the time stipulated as fixed by this Court.
5. Heard, the learned counsel for the petitioners as well as the learned Additional Government Pleader appearing on behalf of the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and the limited request sought for by the petitioners, this court directs the respondents to consider the representation of the petitioners dated 09.12.2021 and pass appropriate 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.
7. With the aforesaid directions, these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar nti/rli To
1. The Secretary to Government,
+2ccs to Mr.G.Saravanabhavan, Advocate SR.No.9304, 9305 +1cc to Government Pleader SR.No.9521, 9523 W.P. Nos.2196 and 2207 of 2022 VG II(CO) GMY(13/04/2022)