Mannam Nagamani v. The Chairman & Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and M.P.No.1 of 2015 Mannam Nagamani
...Petitioner
Vs.
1.The Chairman & Managing Director, SIPCOT, Irrungattukottai Scheme, 19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
2.The Special Tahsildhar, SIPCOT, Irrungattukottai Scheme, Irrungattukottai Village, Sriperumbudur Taluk, Kancheepuram District.
3.U.Srinivasalu ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 herein to consider the petitioner's representation dated 04.12.2014 and consequently direct them to pay the compensation amount to the petitioner for the lands 1/7
acquired from petitioner.
For Petitioner : Mr.G.Karthikeyan For Respondents : Mr.Yogesh Kannadasan(For R1 & R2) Special Government Pleader M/s.A.S.Vijayanand for R3.
ORDER
This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 04.12.2014 and consequently, direct them to pay compensation amount to the petitioner for lands acquired from the petitioner.
2. Since no adverse order has been passed against the private respondent, notice to the private respondent is dispensed with.
3. The case of the petitioner is that, the petitioner and one T.Chayadevi jointly purchased the properties in Survey Nos.172/4, 174/3B and 173/1 situated at Irungattukottai Village, Sriperumbudur Taluk, to an 2/7
extent of 2.05 cents from Sri Pardha Real Estates, represented by its Managing Partner one U.Srinivasulu, by way of a registered sale deed dated 06.02.1996. Suddenly, the second respondent acquired the above said properties from the petitioner for the purpose of formation of SIPCOT. Accordingly, the second respondent paid a sum of Rs.5,700/- as compensation for 19 cents of land comprised in Survey No.172/4 and that was not accepted by the petitioner. Aggrieved against the same, the matter was referred to Sub-Court, Kancheepuram under Section 18 of the Land Acquisition Act and the same is pending. Admittedly, the second respondent was not paid any compensation in respect of 78 cents in Survey No.174/3 and 1 Acre and 8 cents in Survey No.173/1. Therefore, the petitioner made a representation dated 04.12.2014 in this regard. Since, the same has not been considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation 3/7
dated 04.12.2014, and pass orders on merits within a particular time frame to be fixed by this Court.
5. The learned Special Government Pleader appearing for respondents has no objection for said order being passed.
6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
7.Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first and second respondents to consider the said representation of the petitioner dated 04.12.2014, and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Further, liberty is granted to the petitioner to file appropriate implead petition in L.A.O.P.No.691 of 2001 pending before the Sub-Court, 4/7
Kanchipuram.
8. With the above observations and direction, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
29.06.2022 ep Index : Yes/No Speaking order : Yes/No To 1.The Chairman & Managing Director, SIPCOT, Irrungattukottai Scheme, 19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
2.The Special Tahsildhar, SIPCOT, Irrungattukottai Scheme, 5/7
Irrungattukottai Village, Sriperumbudur Taluk, Kancheepuram District.
M.DHANDAPANI, J.
ep and M.P.No.1 of 2015 6/7
29.06.2022 7/7