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Madras High CourtWP/6680/2019disposed of

K.S.Ramesh v. The District Collector

2019-03-07Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6680 of 2019 and WMP.No.7496 of 2019 1.K.S.Ramesh 2.R.Muthukumar 3.R.Sivanesan 4.N.Devi ..

Petitioners Vs 1.The District Collector Erode District, Erode 2.The Revenue Divisional Officer (Land Acqusition) O/o.Revenue Divisional Office Brough Road, Erode-1 3.The Managing Director Tamil Nadu Housing Board Nandanam, Anna Salai Chennai-35 4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Surampatti, Erode ..

Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to disburse the compensation to the tune of Rs.1,03,72,374/- together with interest 15% from date of order passed by the 1st respondent in his proceedings Na.Ka.5608/2017/B1, dated 12.01.2019 and consequential order passed by the 2nd respondent in his proceedings No.LAOP.1/2014/Ve.Va.Vaa, dated 18.01.2019 till the compensation being paid by the respondents to the petitioners. For Petitioner :

Mr.C.Prakasam For Respondents:

Mr.M.Elumalai, Government Advocate for R1 and R 2 Mr.R.V.Babu for R3 and R4.

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal.

Writ Petition is filed praying to issue a direction to the respondents to disburse the compensation to the tune of Rs.1,03,72,374/- together with interest 15% from date of order passed by the 1st respondent in his proceedings Na.Ka.5608/2017/B1, dated 12.01.2019 and consequential order passed by the 2nd respondent in his proceedings No.LAOP.1/2014/Ve.Va.Vaa, dated 18.01.2019 till the compensation being paid by the respondents to the petitioners.

3. The learned counsel for the Petitioners drawn the attention of this Court to the similar order passed by this Court under similar circumstances, in W.P.No.32413 of 2018 dated 08.01.2019.

4. The learned Government Advocate appearing for the respondents 1 and 2, on instructions, submits that the acquisition was made for Housing Board and they have to deposit the award amount and as soon as Housing Board deposits the award amount, it will be disbursed to the Petitioners.

5. At this juncture, the learned counsel appearing for 3rd and 4th respondents/Housing Board submits that reasonable time may be granted to deposit the award amount.

6. In view of the above submission, respondents 3 and 4 are directed to comply with the order of the 1st respondent and thereafter, the respondents 1 and 2 shall disburse the compensation to the Petitioners, in accordance with the Rules, within a period of four months from the date of receipt of a copy of this order. Taking note of the Award dated 22.05.1995 under the Land Acquisition Act, it is made clear that further extension of time for deposit and disbursal will not be entertained by this court.

7.

The writ petition is disposed of with the above direction. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

nvsri To 1.The District Collector Erode District, Erode 2.The Revenue Divisional Officer (Land Acqusition) O/o.Revenue Divisional Office Brough Road, Erode-1 3.The Managing Director Tamil Nadu Housing Board Nandanam, Anna Salai Chennai-35 4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Surampatti, Erode +1 cc to Mr.R.V.Babu, Advocate Sr.No.23316 +1 cc to Mr.C.Prakasam, Advocate Sr.No.22225 +1 cc to The Government Pleader, Sr.No.22052 W.P NO.6680 of 2019 CSL/09.04.2019