Madras High CourtWP/654/2018disposed of

Mr.Suresh Bafna, v. The District Collector

2018-06-13Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.654 of 2018 Suresh Bafna ..Petitioner Vs 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Special Tahsildar, Land Acquisition, Sipcot Unit, Irunkattukottai Scheme, Sriperumbudur.

3.The Chairman and Managing Director, SIPCOT, No.19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

4.The Secretary to Government, Industries Department, Secretariat, Fort St.George, Chennai - 600 009.

5.The Secretary to Government, Revenue & Disaster Management Department, Secretariat , Fort St.George, Chennai - 600 009.

..Respondents [R4 & R5 are Suo motu impleaded as per order of this Court, Dated 09.03.2018 in WP.No.654/2018] Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the respondents to consider his representation dated 08.12.2017 and thereby direct them to pay off the compensation for land acquisition to him.

For Petitioner : Mrs.R.Varalakshmi For Respondents : Mr.Akhil Akbar Ali Government Advocate for R1, R2, R4 and R5 : Mr.Sudharsana Sundar for R3

ORDER

This writ petition has been filed by a Senior Citizen seeking direction to the respondents to pay compensation amount for the land acquired based on his representation dated 08.12.2017.

2. The case of the petitioner is that the land measuring 4 acres and 32 cents in Irunkattukottai Village in Sriperumbudur Taluk, owned by him was acquired by the respondents in the year 1996. The land acquisition officer fixed compensation at Rs.300/- per cent and the amount was enhanced to Rs.4,900/- in the reference under Section 18 by the Sub Court, Kanchipuram, in LAOP No.125 of 2007.

3. The petitioner would further state that the appeal preferred by the second respondent before the High Court was disposed of on 30.11.2009, but so far, he has not been paid with compensation and hence a representation was made by the petitioner on 08.12.2017.

4. The learned Counsel for the petitioner would submit that non payment of compensation even after lapse of 20 years causes mental agony and pain to the petitioner, who is a Senior Citizen. Hence, he has come up with this writ petition.

5. The learned counsels for the respondents submitted that the appeal suit was disposed of long back and they are not able to ascertain whether any compensation has been deposited, based on the order of this Court and if the amount is not deposited, they are ready to pay the amount directly to the petitioner, within a period of eight weeks.

6. Recording the above undertaking of the learned counsels for the respondents, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msrm

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The Special Tahsildar, Land Acquisition, Sipcot Unit, Irunkattukottai Scheme, Sriperumbudur.

3. The Chairman and Managing Director, Sipcot, No.19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

4. The Secretary to Government, Industries Department,Secretariat, Fort St.George, Chennai - 600 009.

5. The Secretary to Government, Revenue & Disaster Management Department, Secretariat , Fort St.George, Chennai - 600 009.

+1cc to Mr.SUDHARSHANA SUNDAR, Advocate, S.R.No.37350 +1cc to Mr.R.VARALAKSHMI Advocate, S.R.No. 36849 +1cc to the Government Pleader, S.R.No. 37937 W.P.No.654 of 2018 MP(CO) TR(19/06/2018)