Madras High CourtWP/9555/2008disposed of

S.P.Vanathayyan v. Collector Of Cuddalore

2022-03-02Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. Nos.9555 to 9560 of 2008 S.P.Vanathayyan ... Petitioner in W.P.No.9555 of 2008 V.John Swamikannu ... Petitioner in W.P.No.9556 of 2008 Anthoni Ammal ... Petitioner in W.P.No.9557 of 2008 Sebastian ... Petitioner in W.P.No.9558 of 2008 Gunasthanamary ... Petitioner in W.P.No.9559 of 2008 Gabriel ... Petitioner in W.P.No.9560 of 2008 Vs.

1. Collector of Cuddalore District, Cuddalore.

2. The Special Deputy Collector, (Land Acquisition), Neyveli.

3. The Chairman, Neyveli Lignite Corporation, Neyveli.

4. Head Quarters Deputy Tahsildar, Chidambaram

5. Additional Head Quarters Deputy Tahsildar, Chidambaram.

6. Thanislas

7. Isabella ... Respondents 1 to 7 in W.P.No.9555 of 2008 ... Respondents 1 to 6 in W.P.No.9556 of 2008 ... Respondents 1 to 5 in W.P.No.9557 of 2008 ... Respondents 1 to 6 in W.P.No.9558 of 2008 ... Respondents 1 to 6 in W.P.No.9559 of 2008 ... Respondents 1 to 5 in W.P.No.9560 of 2008

Arokiadoss ... 6th Respondent in W.P.Nos.9557 & 9560 of 2008 Periyanayagamari Arokiadoss Arokiasami ... Respondents 7 to 9 in W.P.No.9558 of 2008 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pay compensation in respect of W.P.No.9555 of 2008:- 1/4 0.16.0 1/9 0.13.0 55/2 0.21.5 8/8 0.17.5 6/7 0.02.0 1/6 0.20.0 1/7 0.27.5 6/2 0.03.0 W.P.No.9556 of 2008:- Extent 4/1A Hec. 0.28.5 4/5A Hec. 0.04.0 4/7A Hec. 0.12.5 4/7D Hec. 0.35.0 4/7G Hec. 0.20.5 4/71 Hec. 0.23.0 4/8B Hec. 0.33.0 4/10D Hec. 0.10.5

in Valayamadevi (Keezhpathi) Village, in Chidambaram Taluk, Cuddalore District, forthwith, at the rate agreed upon together with interest and cost.

W.P.No.9557 of 2008:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing respondents 1 to 3 to pay compensation in respect of New S.No.9/4B Hec.0.18.5 in Valayamadevi (Keezhpathi) Village in Chidambaram Taluk, Cuddalore District, forthwith, at the rate agreed upon together with interest and cost.

W.P.No.9558 of 2008:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to pay compensation in respect of 1/10 0.29.00 1/14 0.39.00 1/8 0.44.00 14/15 0.06.00 14/16 0.04.50 14/17 0.06.50 14/7 0.04.50 14/3A 0.29.0 9.

9/4 0.08.50 10.

2/12 0.12.00 11.

2/5 0.06.0 12.

9/7 0.20.5 13.

11/6 0.07.5 14.

14/5 0.07.5 15.

9/6 0.03.5 16.

9/10 0.04.5 17.

6/6 0.06.5 18.

6/1 0.05.5 19.

6/4 0.17.5 20.

7/1 0.03.5 21.

7/3 0.29.5 22.

53/2 0.17.00

23.

1/6 0.15.0 24.

2/7 0.03.00 25.

2/6 0.12.0 26.

6/2 0.01.00 27.

14/21 0.02.5 28.

14/1 0.04.00 in Valayamadevi (Keezhpathi) Village, in Chidambaram Taluk, Cuddalore District, forthwith, at the rate agreed upon together with interest and cost and such further or other orders. W.P.No.9559 of 2008:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pay compensation in respect of 12/4A 0.59.0 9/7 1.64.5 11/6 0.27.0 1/6 0.20.0 4/8 0.35.0 6/1 0.11.0 6/4 0.34.5 7/1 0.07.0 9.

7/3 0.50.0 10.

53/2 0.33.5 11.

2/1 0.08.5 12.

2/6 0.20.5 13.

14/6 0.07.5 in Valayamadevi (Keezhpathi) Village, in Chidambaram Taluk, Cuddalore District, forthwith, at the rate agreed upon together with interest and cost and such further or other orders. W.P.No.9560 of 2008:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing respondents 1 to 3 to pay compensation in respect of S.No.7/2 Hec.0.52.0 in Valayamadevi (Keezhpathi) Village in Chidambaram Taluk, Cuddalore District, forthwith, at the rate agreed upon together with interest and cost and such Further or other orders.

For Petitioner : Mr.R.Gururaj (In all W.Ps.) For R1, R2, R4 &R5 : Mr.G.Krishna Raja (In all W.Ps.) Additional Government Pleader For R3 : Mr.Nithianandan (In all W.Ps.) For R6 : M/s.C.B.Vishnudasan (In all W.Ps.) C O M M O N O R D E R The present petitions have been filed by the respective petitioners for payment of compensation in respect of their lands in the survey numbers mentioned in the respective affidavits.

2. The learned Additional Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, these petitions are taken up for final disposal.

3. Since no adverse orders are being passed against the private respondents, notice to the private respondents is dispensed with.

4.The case of the petitioner is that the petitioners land was acquired by the respondents 1 to 3 for the purpose of expansion of Neyveli Lignite Corporation. The grievance of the petitioner is that the compensation amount has not been paid by the respondents. Hence, this writ petition has been filed.

5. Considering the facts and circumstances of the case, however, it appears that based on the land acquisition the matter has been referred under Section 30 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. Initially, the matter was referred before the Sub Court, Chidambaram, thereafter, the matter has been transferred to SubCourt Cuddalore.

6. In view of the above, this Court permits the petitioners to file an appropriate petition before the L.A.O.P Court where the L.A.O.P.Nos.163, 122, 194, 212, 213, 126 and 192 of 2010 are pending and adjudicate the case in the L.A.O.P

Court, Cudddalore.

7. With the above direction, these Writ Petitions are disposed of. However, liberty is granted to the petitioners to canvass all those issues before the Sub Court (Land Acquisition), Cuddalore. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Psa To

1. The Collector of Cuddalore District, Cuddalore.

2. The Special Deputy Collector, (Land Acquisition), Neyveli.

3. The Chairman, Neyveli Lignite Corporation, Neyveli.

4. The Head Quarters Deputy Tahsildar, Chidambaram

5. The Additional Head Quarters Deputy Tahsildar, Chidambaram.

6. The Sub Court, (Land Acquisition), Cuddalore.

7. The Sub Court, Chidambaram.

+6ccs to Mr.D.Baskar, Advocate, S.R.No.14697 +1cc to M/s.N.Nithianandam, Advocate, S.R.No.14367 +1cc to the Government Pleader, S.R.No.14667 W.P. Nos.9555 to 9560 of 2008 JP(CO) SU(22/03/2022)