T. Girija Ammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.15198 of 2016 T.Girija Ammal ... Petitioner

Versus

1. The District Collector Vellore District.

2. The Tamil Nadu State Transport Corporation (Villupuram - II) Vellore Division Rangapuram, Vellore.

Rep. By its General Manager

3. The Executive Engineer & Administrative Officer Vellore Housing Unit Tamil Nadu Housing Board Vellore - 9.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider and dispose of the representation dated 06.04.2016 for the purpose of renewal of "C"Form License in a time bound manner.

For Petitioner :

Mr.L.Abrar Md. Abdullah For Respondent-1 :

Mr.R.Rajeswaran Special Government Pleader For Respondent-3 :

Mr.V.Anandha Moorthy NA - R2

O R D E R

Heard Mr.L.Abrar Md. Abdullah, learned counsel for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader for the first respondent and Mr.V.Anandha Moorthy, learned counsel for the third respondent.

2.With the consent of learned counsel appearing on either side, this writ petition is taken up for final disposal, at the admission stage itself.

3.The petitioner is the Proprietor of a Cinema Theatre called O.A.R Theatres situated in Vellore. The lands owned by the petitioner were acquired by the Government and as a result of which, "C" Form license issued to the petitioner's Cinema Theatre was not renewed beyond 2012. The compensation, which was fixed by the Land Acquisition Officer, being very low, the petitioner sought for reference to the Civil Court claiming enhanced compensation under Section 18 of the Land Acquisition Act. The reference court passed an award, as against which, the respondents preferred an appeal before the Honourable Division Bench of this Court in A.S.No.629 of 2006.

4.Prior to appeal, in the execution proceedings initiated by the petitioner in R.E.P.No.82 of 2006, on the file of the Sub-Court, Tiruppattur, the third respondent Housing Board filed a Civil Revision Petition before this Court in C.R.P.(NPD) No.716 of 2006, in which, an interim order was granted on 08.11.2006, observing that, in the light of the charge created by this Court, on the property owned by the petitioner, namely, O.A.R. Theatre and the shopping complex, the second respondent Transport Corporation was given liberty to move an application before the Executing Court, to attach the above said property.

5.The learned counsel for the petitioner submitted that after the judgment of the Honourable Division Bench of this Court in A.S.No.629 of 2006, fixing the amount of compensation payable, the quantum of money, which has been paid in excess to the petitioner, has to be refunded by the petitioner and she is also ready and willing to do the same and in fact, she had also obtained a Banker's Cheque dated 05.04.2016 in favour of the third respondent Housing Board for a sum of Rs.29,46,500/-. However, because of the charge created on the property, the first respondent District Collector has declined to renew the "C" Form license and that has been the position since 2012. 6.

The learned counsel appearing for the third respondent Housing Board submitted that the amount payable to the Board is far in excess than the petitioner's claim, which she is to ready and willing to refund, however, the first respondent District Collector has declined to renew the "C" Form license in view of the charge created on the property.

as a result of the judgment dated 24.02.2012 passed by the Honourable Division Bench of this Court in A.S.No.629 of 2006. 7.In the light of the above, without going into the merits of the petitioner's claim made in this affidavit as well as in her representation dated 06.04.2016, there will be a direction to the first respondent to conduct enquiry into the matter, after issuing notice to the petitioner as well as to the respondents 2 and 3 and after considering their submissions, the first respondent shall pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

8.With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar TK To

1. The District Collector Vellore District.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram - II) Vellore Division Rangapuram, Vellore.

3. The Executive Engineer & Administrative Officer Vellore Housing Unit Tamil Nadu Housing Board Vellore - 9.

+1cc to Mr.R.Subramanian, Advocate, S.R.No.26109 +1cc to Mr.V.Anandha Moorthy, Advocate, S.R.No.25727 W.P.No.15198 of 2016 UG(CO) CA(29/04/2016)