Smt. N.Lalitha, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.08.2015

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.19923 OF 2015 N.Lalitha [ PETITIONER ] Vs 1 The District Collector Kancheepuram District, Kancheepuram.

2 The Special District Revenue Officer (Land Acquisition for SIPCOT) Irunkattukottai Development Scheme, Unit-2 Sriperumbudur Post, Kancheepuram District.

3 The Special Tahsildar (Land Acquisition for SIPCOT) Sriperumbudur Taluk Office Sriperumbudur, Kancheepuram District.

4. S.Renuka .. Respondents (R4 impleaded as per the order made in W.P.No.19923/2015 dt 27.8.2015) Writ petition is filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 2nd and 3rd Respondents to release the petitioner compensation amount for the property in Plot No.221 and Survey No.123/9B2 and 123/7B in Patta No.1239 situated at VGP Vinoth Town Layout II Palnallur Village Sriperumbudur Kancheepuram, District expeditiously within a reasonable time frame.

For Petitioner : Mr.M.Vijayakumar For Respondents : Mr.V.Jayaprakash Narayanan Spl.Govt. Plearder - R1 to R3 Mr.Mohamed Ibrahim-R4 for Mr.S.Anandakumar

O R D E R

With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The Writ Petitioner contends that he purchased the property situated in Plot No.221 comprised in Survey Nos.123/9B2,123/7B and 123/4 in Patta No.1239, situated at VGP Vinoth Town - Lay Out II, Palnallur Village, Sriperumbudur, Kancheepuram District and she is in possession of the said property right from the date of purchase on 05.03.1996. The said properties were acquired by the Government by virtue of G.O.Ms.No.153 industries (SIPCOT-LA), by publication daetd 29.11.2011. By communication dated22.02.2012, the Government of Tamilnadu directed the petitioner to hand over possession in respect of the property comprised in Survey Nos.123/9B2 & 123/7B and the same was valued by another communication dated 14.08.2012 from the Special Tahsildar (LA), SIPCOT , Sriperumbudur Expansion Scheme Unit-II. Finally on 21.6.2013, the petitioner received a communication stating that the rate of acquisition was fixed as Rs.250/- per sq.ft for her land in 123/9B2 & 123/7B.

3.Mr.Vijayakumar, learned counsel appearing for the petitioner submits that as far as the property comprised in Survey No.123/9B2 is concerned, there is no claim from the proposed party or from any other party. The newly impleaded party has also reiterates that she has got no claim against the property in Survey No.123/9B2. 4.Therefore, the respondents 1 to 3 are directed to conduct an enquiry and pay the amount payable in respect of the property in Survey No.123/9B2, at the earliest, preferably within a period of twelve weeks from the date of receipt of a copy of this order. 5.As far as the property in Survey No.123/7 is concerned, since there is a dispute with regard to the ownership, the matter is directed to be referred to the Civil Court for adjudication. The Writ Petition is disposed of on the above terms. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpa

TO 1 The District Collector Kancheepuram District, Kancheepuram.

2 The Special District Revenue Officer (Land Acquisition for SIPCOT) Irunkattukottai Development Scheme, Unit-2 Sriperumbudur Post, Kancheepuram District.

3 The Special Tahsildar (Land Acquisition for SIPCOT) Sriperumbudur Taluk Office Sriperumbudur, Kancheepuram District.

+1cc to Mr.Anandakumar, Advocate, S.R.No.45947 +2ccs to Mr.Vijayakumar, Advocate, S.R.No.46124 +1cc to the Government Pleader, S.R.No.46258 MG(CO) EU(25/09/2015) W.P.No.19923 OF 2015