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Madras High CourtWP/20959/2018disposed of

C.Paulraj, v. The Member Secretary,

2021-10-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.NO.20959 OF 2018 C.Paulraj

...Petitioner

Vs 1.The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Maaligai, Egmore, Chennai 600 008 2.The District Revenue Officer(L.A.), Outer Ring Road Project, CMDA, Koyambedu, Chennai 600 092 3.The Special Tahsildar(L/A), Unit VI, Outer Ring Road Project, CMDA, Koyambedu, Chennai 600 092 4.The Chief General Manager, Tamil Nadu Road Development Company Ltd., (TNRDC), Government of Tamil Nadu, No.171, II Floor, Tamil Nadu Maritime Board Building, South Kesavaperumal Puram, Pasumpon Muthuramalingam Road, (Near Greenways Road MRTS Station), Raja Annamalai Puram, Chennai 600 028

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to immediately settle the petitioner compensation amount of Rs.32,27,946/- being the unpaid interest on the compensation amount of Rs.3,10,98,168.50 from 01.03.2015 to 24.08.2015 with accrued interest upto 28.06.2018 with further interest at the rate of 15% per annum on Rs.22,62,072/- from 29.06.2018 till the date of payment for acquisition of petitioner's lands measuring 2.02 acres of Agricultural Punja lands comprised in Survey No.138/4B and survey No.138/9 situated

in Attanthangal Village, Ponneri Taluk, Thiruvallur District for the purpose of Outer Ring Road Project.

For Petitioner :

Mr.A.Vimal Raj For R2 & 3 :

Mr.M.R.Gokul Krishnan, Government Advocate For R1 :

M/s.P.Veena Suresh, Standing Counsel

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the respondents to immediately settle the petitioner compensation amount of Rs.32,27,946/- being the unpaid interest on the compensation amount of Rs.3,10,98,168.50 from 01.03.2015 to 24.08.2015 with accrued interest upto 28.06.2018 with further interest at the rate of 15% per annum on Rs.22,62,072/- from 29.06.2018 till the date of payment for acquisition of petitioner's lands measuring 2.02 acres of Agricultural Punja lands comprised in Survey No.138/4B and survey No.138/9 situated in Attanthangal Village, Ponneri Taluk, Thiruvallur District for the purpose of Outer Ring Road Project.

2. While pending the writ petition, on 25.10.2021 the first respondent passed order in Rc.No.19/2002/ORR/Unit VI, thereby sanction accorded for payment of difference interest amount of Rs.22,62,072/- entitled to the petitioner herein. Further observed that the Senior Accounts Officer, ADU, CMDA is requested to issue a cheque for a sum of Rs.22,62,072/- in favour of the Principal Subordinate Judge, Ponneri.

3. In view of the above order passed by the first respondent, the first respondent is directed to deposit the said amount within a period of two weeks from the date of receipt of copy of this order. On such deposit, the petitioner is permitted to withdraw the same by filing appropriate petition.

4. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar lok

To 1.The Member Secretary, Chennai Metropolitan Development Authority, "Thalamuthu Natarajan Maaligai, Egmore, Chennai 600 008 2.The District Revenue Officer(L.A.), Outer Ring Road Project, CMDA, Koyambedu, Chennai 600 092.

3.The Special Tahsildar(L/A), Unit VI, Outer Ring Road Project, CMDA, Koyambedu, Chennai 600 092.

4.The Chief General Manager, Tamil Nadu Road Development Company Ltd., (TNRDC), Government of Tamil Nadu, No.171, II Floor, Tamil Nadu Maritime Board Building, South Kesavaperumal Puram, Pasumpon Muthuramalingam Road, (Near Greenways Road MRTS Station), Raja Annamalai Puram, Chennai 600 028.

+1cc to Mrs.P.Veena Suresh, Advocate, S.R.No.56153 W.P.No.20959 of 2018 CA(CO) RVM(25/11/2021)