← Library
Madras High CourtWP/12595/2015disposed of

v. The State Of Tamilnadu

2015-04-28Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 28.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.12595 to 12614 of 2015 M.Parthasarathy

...Petitioner in W.P.No.12595 of 2015

K.Karuppaiah

...Petitioner in W.P.No.12596 of 2015

Mrs.S.Usharani

...Petitioner in W.P.No.12597 of 2015

R.Parthiban

...Petitioner in W.P.No.12598 of 2015

P.Swamynathan

...Petitioner in W.P.No.12599 of 2015

Mrs.C.Arasammal

...Petitioner in W.P.No.12600 of 2015

K.Kannaian

...Petitioner in W.P.No.12601 of 2015

B.V.Kumar

...Petitioner in W.P.No.12602 of 2015

M.Maria Soosai

...Petitioner in W.P.No.12603 of 2015

K.Santhanam

...Petitioner in W.P.No.12604 of 2015

M.Nagabhushanam

...Petitioner in W.P.No.12605 of 2015

T.Anbarasu

...Petitioner in W.P.No.12606 of 2015

C.Kunjithapatham

...Petitioner in W.P.No.12607 of 2015

Mrs.S.K.Sugunavathy

...Petitioner in W.P.No.12608 of 2015

P.Krishnan

...Petitioner in W.P.No.12609 of 2015

Mrs.M.Bhuvaneshwari

...Petitioner in W.P.No.12610 of 2015

Mrs.T.Pramila

...Petitioner in W.P.No.12611 of 2015

R.Venkatesan

...Petitioner in W.P.No.12612 of 2015

V.Ramdoss

...Petitioner in W.P.No.12613 of 2015

M.Chandrasekaran

...Petitioner in W.P.No.12614 of 2015

Versus

1. The State of Tamilnadu, rep. by its Secretary to Government, Public Works Department, Chepauk, Chennai - 9.

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Special Tahsildar (L.A.), Krishna Water Supply Project Unit IV, Thiruvallur.

...Respondents in all WPs

Prayer: This Writ Petitions is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to reconvey the lands measuring 0.04.82, 0.04.0, 0.00.5, 0.01.50, 0.20.0, 0.01.76, 0.01.10, 0.02.26, 0.19.78, 0.02.10, 0.01.50, 0.02.15, 0.02.02, 0.01.35, 0.06.0, 0.01.60, 05.53, 0.01.35, 0.01.53, 0.16.0 hectares respectively, comprised in Survey No.4/8B, 3/5, 5/1 F1, 4/4, 4/6, 3/5, 8/1C, 3/5, 4/8B, 8/1D, 4/4, 8/1D, 3/5, 8/1C, 4/4, 8/1C, 8/1C, 4/9A2, 4/9A2, 4/8A1 respectively, Situated in Revenue Village No.52, Oragadam Village, now at Ambattur Taluk, Thiruvallur District, being the subject matter of the Land Acquisition Proceedings within a reasonable time pursuant to the representation of the petitioner dated 27.12.2014 respectively. (in W.P.No.12596, 12597, 12598, 12599, 12600, 12601, 12602, 12603, 12604, 12605, 12606, 12607, 12608, 12609, 12610, 12611, 12612, 12613, 12614/2015) For Petitioner :

Mr.S.Balasubramanian in all W.Ps.

For Respondents :

Mr.V.Subbiah in all W.Ps.

Special Government Pleader C O M M O N O R D E R By consent, writ petitions are taken up for final disposal and as the facts pleaded and the submissions made are one and the same, all these writ petitions are disposed of by a common order.

2. The writ petitioners claim that their lands have been acquired for the public purpose viz., implementation of Krishna Water Supply Scheme, under Land Acquisition (Central) Act, 1894 and amounts of compensation paid to them were very meagre and in this regard, they sought a reference, which is pending on the file of the jurisdictional Sub Court, Poonamallee. The petitioners further claim that though the award has been passed, the lands in question have not been taken possession and they are in possession and enjoyment of the lands.

Hence, the petitioners submitted individual representations to the 1st respondent for reconveyance of the lands under Section 48-B of the Land Acquisition Act, 1894 and since, they have not been favoured with any response, came forward to file these writ petitions.

3. Heard the submissions of Mr.S.Balasubramanian, learned counsel appearing for the petitioners and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondents.

4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioners and without going into the merits of the representations, directs the 1st respondent to consider the petitioners' representations dated 27.12.2014, filed under Section Section 48-B of the Land Acquisition Act, 1894, on merits and in accordance with law and pass orders, as expeditiously as possible and not later than three months from the date of receipt of a copy of this order and inform the decision taken to the petitioners.

5. These writ petitions are disposed of, accordingly. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ars To

1. The Secretary to Government, State of Tamilnadu, Public Works Department, Chepauk, Chennai - 9.

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Special Tahsildar (L.A.), Krishna Water Supply Project Unit IV, Thiruvallur.

20 CCs to Mr.S.Balasubramanian, Advocate SR.No. 23529 1 CC to the Government Pleader, SR.No. 23334 W.P.Nos.12595 to 12614 of 2015 SR (CO) PSI (21.05.2015)