Manjula v. The Land Acquisition Officer Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.03.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.3656 of 2024 and W.M.P.No.3942 of 2024 ---
1. Manjula
2. S.Manikandan
3. S.Jaisankar
4. S.Sathish Kumar .. Petitioners Vs.
1. The Land Acquisition Officer-cum- District Collector, District Collector Office, GST Road, Chengalpattu-603 001.
2. The Divisional Engineer, Highways, GST Road, Opp. to Govt. Medical College Hospital, Chengalpattu.
3. B.Lakshmi .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to pay the enhanced compensation with all other benefits as per the decree and judgment dated 20.03.2017 passed by the Additional Subordinate Judge's Court, Chengalpattu in LAOP.No.23 of 2016 and confirming the lower Court's enhanced compensation of Rs.13,500/- per Sq.Mtrs. as per the order of the High Court in C.R.P.No.671 of 2021, dated 04.08.2021 by disposing of the petitioners' representation letter dated 07.07.2023.
1 / 5
For petitioner : Mr.R.Harikrishnan For respondents : Mr.A.Selvendran, Spl.G.P. for RR-1 and 2 Mr.S.Sankaran for R-3
ORDER
The petitioners have filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to pay the enhanced compensation with all other benefits, as per the judgment and decree dated 20.03.2017 passed by the Additional Subordinate Judge's Court, Chengalpattu in LAOP.No.23 of 2016 and confirming the lower Court's enhanced compensation of Rs.13,500/- per Sq.Metrs. as per the order of the High Court in C.R.P.No.671 of 2021, dated 04.08.2021 by disposing of the petitioners' representation/letter dated 07.07.2023.
2. This is a simple writ petition filed for issuance of a Mandamus to consider the representation/letter dated 07.07.2023. The petitioners are landlosers under the impugned land acquisition Notification and Award and therefore, the petitioners are entitled to the same relief on par with the other similar landlosers.
3. Earlier, the Land Acquisition Officer and District Collector, 2 / 5
Kancheepuram District, had filed a Civil Revision Petition before this Court in C.R.P.No.671 of 2021 and by order dated 04.08.2021, the said CRP was dismissed, confirming the judgment and decree made in L.A.O.P.No.23 of 2016, dated 20.03.2017 on the file of the Additional Subordinate Court, Chengalpattu, thereby, the compensation fixed at Rs.13,500/- per square meter, was confirmed.
4. In the counter affidavit filed by the first respondent in this Writ Petition, it is stated that effective steps have been taken to challenge the said order passed in the CRP, before the Supreme Court, by way of filing Special Leave Petition (SLP), but so far, the respondents have not produced any document to show that they have already preferred SLP and no particulars have been produced in that regard. Therefore, in the above circumstances, as on date, the order passed by this Court in the said CRP has become final and the petitioners herein are also entitled to the same relief on par with the other land-losers covered under the same Notification and Award in the said CRP.
5. Therefore, the respondents are directed to dispose the said representation of the petitioners, dated 07.07.2023 in the light of the above facts and the same shall be considered and orders be passed on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
3 / 5
6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.3924 of 2024 is ordered on payment of separate Court fee by each of the petitioners. 18.03.2024 cs To
1. The Land Acquisition Officer-cum- District Collector, District Collector Office, GST Road, Chengalpattu-603 001.
2. The Divisional Engineer, Highways, GST Road, Opp. to Govt. Medical College Hospital, Chengalpattu.
4 / 5
P.VELMURUGAN, J cs W.P.No.3656 of 2024 18.03.2024 5 / 5