Madras High CourtWP/5324/2022disposed of

G.Meenatchi v. The Government Of Tamilnadu

2022-03-09Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5324 of 2022 W.M.P.No.5416 of 2022 1.G.Meenatchi 2.Kaliyammal 3.M.Varadharajan 4.Seethalakshmi 5.S.Sasikala 6.S.Devaraj 7.Karthikeyan Sivaraj 8.M.Balasundaram ... Petitioners Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Transport Department Fort St.George, Chennai - 600 009.

2.The District Collector, Coimbatore - 641 018.

3.The District Revenue Officer, Coimbatore - 641 018.

4.The Special District Revenue Officer, Land Acquisition, Coimbatore Airport Runway Extension, Coimbatore - 641 018.

5.The Director, Airport Authority of India, Chennai.

6.The Director, Airport Authority of India, Coimbatore.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to pay compensation to the petitioners, along with interest in terms of the orders dated 18.08.2020 made in

the batch of writ petitions in W.P.No.2116/2017 by the Division Bench of this Hon'ble Court, considering the representation of the petitioners dated 13.02.2022, in respect of the lands of the petitioners in S.No.526 in Kalapatti village Unit-II, Blcok 15, S.No.245/2 in Irugur Village, Coimbatore District. For petitioners : Ms.G.Saravanabhavan For Respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents 1 to 4 to pay compensation to the petitioners, along with interest in terms of the orders dated 18.08.2020 made in the batch of writ petitions in W.P.No.2116/2017 by the Division Bench of this Hon'ble Court, considering the representation of the petitioners dated 13.02.2022, in respect of the lands of the petitioners in S.No.526 in Kalapatti village Unit-II, Blcok 15, S.No.245/2 in Irugur Village, Coimbatore District.

2. Mr.G.Krishna Raja, learned Additional Government Pleader takes notice for the 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, this petition is taken up for final disposal.

3. The case of the petitioners is that the petitioner's lands were acquired under Tamil Nadu Acquisition of land for Industrial purposes Act, 1997, also a show cause notice in terms of Section 3(2) was issued on 08.04.2012 and 21.03.2012. The gazette notification of the acquisition of the acquisition under Section 3(1) was published on 10.01.2013. The acquisition process was entangled with batch of writ petitions in W.P.Nos.2116/2017, 13503/2017, 2709/2017 on the file of this Court. During the pendency the second respondent conducted meetings to negotiate on the compensation amount and a consensus was arrived on 06.03.2018 at the District Level Committee and the same was approved by the State Level Committee. Thereafter, this Court disposed of the above said writ petitions by order dated 18.08.

2020 and awarded interest at 9% per annum from the date of notification to till the date of payment. Seeking the said benefit, petitioners had made a representation dated 13.02.2022 to the respondents to pay the compensation amount for the petitioners lands together with interest at the rate of 9% per annum. However, till date no action has been taken by the respondents on the representation made by the petitioner.

the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 13.02.2022 within the time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 13.02.2022 will be considered by respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 13.02.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar tri/skt To 1.The Government of Tamil Nadu, Represented by its Secretary, Transport Department Fort St.George, Chennai - 600 009.