← Library
Madras High CourtWP/7797/2018allowed

Dr.Louis Prakasam Kannaiah, v. The Assistant Commissioner Of

2025-10-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Dr.Louis Prakasam Kannaiah ... Petitioner Vs.

1.The Assistant Commissioner of Land Reforms, Villupuram 605 602 2.The Authorised Officer of Land Reforms, Cuddalore 3.The Director of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005 4.The Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai 600 005 5.State of Tamil Nadu, Rep by The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to pay enhanced compensation and interest for the lands measuring about 1/6

34.13 acres situated at Keelpattampakkam, South Arcot District at the rate of Rs.7,000/- per acre along with interest at the rate of 12% from the date when the aforesaid lands were declared as surplus way back in the year 23.2.1966 under the provisions of the Tamil Nadu Land Reforms Act of For Petitioner : Mr.T.Ravichandran For Respondents : Mr.D.Ravichander, Special Government Pleader

O R D E R

This writ petition has been filed for direction to the respondents to pay enhanced compensation with interest for the lands admeasuring 34.13 acres situated at Keelpattampakkam, South Arcot District at the rate of Rs.7,000/- per acre with interest at the rate of 12% per annum from the date when the subject lands were declared as surplus way back in the year 23.02.1966 under the provisions of the Tamilnadu Land Reforms Act, 1961.

2.

The petitioner's father had possessed 132 acres of land in Keelpattampakkam Village of Panruti Taluk, South Arcot District in the year 1959. He had settled to an extent of 34.14 acres by way of settlement 2/6

deed dated 24.03.1960 in the petitioner's favour. While being so, in the year 1961, the Government enacted the Tamilnadu Land Reforms Act, 1961 (hereinafter called as 'the Act') towards enforcement of Article 39 Part B and C of the Constitution of India for the purpose of securing ownership and control of the material resources of the community and to distribute the same so as to sub serve the common good and to prevent concentration wealth in the hands of certain persons. Accordingly, 83.52 acres of land was declared as surplus and the petitioner's father was allowed to retain 30 standard acres within the ceiling limit. A draft notification under Section 18 (1) of the Act was published on 26.12.1965. Final settlement of the acquired land under Section 12 of the Act was published on 23.02.1966. Out of 83.53 acres of land, 34.

14 acres belongs to the petitioner as per the settlement deed dated 24.03.1960. Thereafter the said land was distributed to landless harijans. The Authoritised Officer, Land Reforms, Cuddalore determined the compensation for the surplus land and determined compensation as Rs.1,69,122/- Insofar as the petitioner's land is concerned, compensation was fixed at Rs.69,178.40/-. However, the petitioner submitted objections seeking for enhancement of compensation.

for the belated payment. Subsequently, the petitioner submitted representation seeking enhancement of compensation and the same was forwarded to the Assistant Commissioner of Land Reforms, Trichy. As directed by this Court in WP.No.550 of 2003, in terms of Section 50 of the Act, the first respondent conducted enquiry and by its proceedings dated 02.05.2013 recommended that the petitioner is entitled to higher compensation amount and sought for approval of the fifth respondent. However, on receipt of the said recommendation, the fifth respondent did not act so far.

3.

On perusal of the counter filed by the second respondent and on the submissions of the learned Special Government Pleader appearing for the respondents, it is revealed that so far no order has been passed by the fifth respondent on the aforementioned recommendation. 4.

In view of the above, the fifth respondent is directed to pass appropriate orders as per the recommendations of the first respondent dated 02.05.2013 within a period of four weeks from the date of receipt of this order.

4/6

5.

With the above direction, this writ petition is allowed. There shall be no order as to costs.

07.10.2025 Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.The Assistant Commissioner of Land Reforms, Villupuram 605 602 2.The Authorised Officer of Land Reforms, Cuddalore 3.The Director of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005 4.The Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai 600 005 5.State of Tamil Nadu, Rep by The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009 07.10.2025 6/6