S.Manokaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.14187 of 2016 1 S.Manokaran 2 R.Karpagam 3 Ettikan 4 Senkottaiyan 5 M.Kandasamy 6 Malliga 7 Chandiran 8 Varathappan 9 Maruthagounder 10 Kaliyannan 11 Kaliyammal 12 Selvaraj 13 Kalaiselvi 14 Kamaladevi 15 S.Selvaraj 16 Mohankumar 17 Kuppusamy @ Suresh 18 Kaliyammal 19 Angammal 20 Saraswathi

21 Kanakaraj 22 Dharmaraj @ Tamilarasan 23 Ramasamy 24 Kalarani 25 Gomathi 26 Nandakumar 27 Subramani 28 Kuppayee 29 Pavayee 30 Rajasekar 31 Chandrasekar 32 Malliga 33 Maheshwari 34 Sellammal 35 Pappathi @ Tamilselvi 36 Shalini @ Parimala 37 Dhanapal 38 Sarasu 39 Indhira @ Suguna 40 Sivagami @ Pappathi 41 P.Kaliyappan 42 Mahakrishnan 43 V.Mani 44 Angammal 45 Selvi 46 S.P.Rajan

47 Revathi 48 Kaliyammal 49 Kandasamygounder 50 Subbarayan 51 Kolandapaiyan 52 Angammal 53 Senthilraja 54 Jayalakshmi 55 Vasudevan 56 Kaliyammal by Power Agent 57 C.Nallusamy 58 Karuppannan 59 Veerappan 60 Kaliyammal 61 Ramasamy 62 Ramasamy 63 Kandasamy 64 Lakshmi 65 Sankaramma 66 Damayanthi 67 Ramasamy 68 Kolandaivel 69 Ponnusamy 70 S.Venkatachalapathi 71 Karuppannan

72 Pappayee @ Palaniyammal 73 Subramani 74 Ponnusamy 75 Sengodan 76 Sengodan 77 Subramani 78 Varatharajan 79 Nallathambi 80 Palanivelu 81 Sellammal 82 V.K.Mani @ Loganathan 83 Natarajan 84 Varatharajan 85 Senthilraja 86 P.Krishnan 87 Anandaraj 88 Vasantha 89 Kaliyammal 90 Kuppayee 91 Rakkayee 92 Malathi 93 Rakkayee 94 Pavayee 95 Rajagopal 96 Kalaiselvan 97 Mani

98 Ettammal 99 Mohan 100 Sellappan 101 Ramasamy 102 Marayee 103 Sellammal 104 Malliga 105 Ramasamy 106 Natrayan 107 Nithya 108 Parvathiammal 109 Balakrishnan 110 Subramaniam 111 Somasundaram 112 Selvaraj 113 Elangovan 114 Muthuraman 115 Sundari 116 Dhayanithi 117 Periyasamy 118 Thangavel 119 Palanisamy 120 Pappu 121 Sellammal 122 Ravichandiran

123 Dhanalakshmi 124 Poongothai 125 Palanivel 126 Annadurai 127 Loganathan 128 Sellappan 129 Sarasu 130 Kumar @ Kumarasamy 131 Habibullah 132 Ramasamy 133 Kuppusamy 134 Pappathi @ Tamilselvi 135 Shalini @ Parimala 136 Dhanapal 137 Kumarasamy 138 Nallusamy [PETITIONERS] Vs 1 The District Collector Namakkal O/o.The District Collector Thummankurichi Post Namakkal Taluk.

[ RESPONDENT ] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the respondent to consider petitioners representations dated 30.04.2014 and 09.05.2014 and pass fresh awards redetermining the compensation in accordance with Section 28A of the Land Acquisition Act as per the Judgments of the Learned Additional District Judge, Namakkal, in L.A.O.P.Nos. 5/2007 to 173/2007 as confirmed by this Honourable Court in A.S.Nos. 110 to 278/2015.

For Petitioners : Mr.R.Subramanian For Respondent : Mr.R.M.Muthukumar Govt. Advocate

O R D E R

Heard Mr.R.Subramanian, learned counsel appearing for the petitioners and Mr.R.M.Muthukumar, learned Government Advocate, accepting notice for the respondent and with the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2.In his Writ Petition, the petitioners seek for issuance of a writ of mandamus to consider their representations dated 30.04.2014 and 09.05.2014, and pass fresh awards redetermining the compensation in accordance with Section 28A of the Land Acquisition Act, 1894, (herein after referred to as the 'Act' ) as per the Judgment of the learned Additional District Judge, Namakkal, in LAOP Nos.5 of 2007 to 173 of 2007, confirmed in Appeal by the Hon'ble Division Bench of this Court in A.S.Nos.110 to 278 of 2015.

3.The lands owned by the petitioners were acquired by the Government for construction of Namakkal Master Plan Complex in Siluvampatti and Thummankurichi Villages and a Notification under section 4(1) of the Act was published on 04.06.1998 in the Tamil Nadu Government Gazettee. The Government invoked the emergency provision under section 17 of the Act, thereby dispensing with the enquiry under section 5A of the Act. The Award enquiry was held on various dates and the Land Acquisition Officer, passed the Award in Award Nos. 1 to 11 of 1998 on 17.03.1999 and 25.05.1999. The Land Acquisition Officer, fixed the compensation at Rs.61,728/- per hectare. Though the petitioners stated that the compensation was very low, they did not give any written request for making reference to the Civil Court under section 18 of the Act.

However, similarly placed land owners sought for Reference under section 18 of the Act and the matter was referred to the Civil Court and the Reference Court viz. the learned Additional District Judge, Namakkal, took the case on file as L.A.O.P.Nos.5 of 2007 to 173 of 2007, and awarded compensation at the rate of Rs.35/- per sq.ft. in respect of the lands abutting the main road and Rs.26/- per sq.ft. for the interior lands.

4.Therefore, based on this Judgment the petitioners and other land owners have submitted representations on 30.04.2014 and 09.05.2014, seeking for refixation of compensation awarded to them based on the Judgment passed by the Reference Court dated 12.02.2014, made in L.A.O.P.Nos.5 of 2007 to 173 of 2007, under section 28 A of Act, 1894, which have been received by the District Collector on 02.05.2014 and 12.05.2014, respectively.

5.The petitioners' specific case is that the Applications given by them dated 30.042014, and 09.05.2014, are well within the period of limitation stipulated under the Act, which has been computed from the date of the Award namely 12.02.2014. While their representations were pending, Appeals were preferred by the Government as against the Judgment of the Reference Court in A.S.Nos.110 to 278 of 2015 and the Hon'ble Division Bench of this Court by Judgment dated 17.08.2015, dismissed the Appeals and confirmed the Judgment of the Reference Court. Therefore, the petitioners sought for issuance of a writ of mandamus to direct the first respondent to consider the petitioners representations and pass fresh Awards redetermining the compensation in accordance with Section 28A of the Land Acquisition Act, 1894.

6.The learned Government Advocate on instructions submitted that it is not in dispute that the petitioners did not seek for any reference to the Civil Court under section 18 of the Act. It is the further submission of the learned Government Advocate that the copy of the Judgment in A.S.Nos. 110 to 278 of 2015, it yet to be made available and therefore, the respondent seek for a copy of the said order.

7.If that be the case, the petitioners Applications under section 28A of the Act has to be considered. That apart, the Applications are well within the time stipulated under the Act as the Applications have been received by the District Collector on 02.05.2014 and 12.05.2014, respectively, and since the Judgment in A.S.Nos. 110 to 278 of 2015, has already been uploaded in the official Website of the High Court, the respondent is entitled to download the same as an authenticated copy of the Judgment as decrees would take some more time to be issued, since the decree have to be drafted in 169 Appeals. 8.In the light of the above, there will be a direction to the respondents to consider the petitioners representations dated 30.04.2014 and 09.05.

2014, and pass appropriate orders on merits and in accordance with law, taking into consideration the Judgment of the Reference Court in in L.A.O.P.Nos.5 of 2007 to 173 of 2007, dated 12.02.2014, on the file of the Additional District Judge, Namakkal, as confirmed by the Hon'ble Division Bench of this Court in A.S.Nos. 110 to 278 of 2015 dated 17.08.2015, within a period of three months, from the date of receipt of a copy of this order.

The Writ Petition is disposed of on the above terms. No costs.

r p a s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To The District Collector Namakkal O/o.The District Collector Thummankurichi Post Namakkal Taluk.

+ 2 cc to M/s.R.Subramanian, Advocate SR 24784 nr(co) prk2/5 W.P.No. 14187 of 2016