S.Mallika v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2020
CORAM:
THE HONOURABLE JUSTICE N.ANAND VENKATESH W.P.No.11969 of 2020 1 S.Mallika, W/o. Sasi Kumar 2 Kamalammal, W/o. Kumarasamy 3 Sumathi, W/o. Kesavan 4 Kattammal, W/o. Chandiran 5 Padma, W/o. Govindan 6 Shanthi, W/o. Venu 7 Mallika, W/o. Sivaraj 8 Muniammal, W/o. Lakshmipathi
...Petitioners
Vs.
1 THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT SECRETARIAT, CHENNAI - 600009.
2 THE COMMISSIONER OF LAND ADMINISTRATION EZHILAGAM, CHEPAUK, CHENNAI - 600005 3 THE DISTRICT COLLECTOR THIRUVALLUVAR DISTRICT THIRUVALLUR.
4 THE DISTRICT REVENUE OFFICER THIRUVALLUVAR DISTRICT THIRUVALLUVAR.
5 THE SPECIAL TAHSILDAR (LAND ACQUISATION) UNIT - IV KANNANKOTTAI - THERVOKANDIGAI RESEVOIR SCHEME GUMMIDIPOONDI TALUK AT KAVARAPETTAI THIRUVALLUR.
...Respondents
This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to pay the compensation for the acquired houses and house sites belonging to the petitioners comprised in Survey Nos. 155/15-0.01.0 - 0.01.0 155/18 - 0.01.0 155/4 - 0.01.0 and 155/13 - 0.01.0 hectares situated at Viollage No.27, Karadiputhur village, Gummidipoondi Taluk, Thiruvallur District in terms of provisions of central Land Acquisition Act 30 of 2013 as given to similarly situated persons pursuant to
order in W.A. No.1666 of 2018 of this Hon'ble Court and consequently provide house sites with all benefits in terms of Secs.31 and 38 of Act of 2013 within time frame. For Petitioners: Mr.N.Nithianandam For Respondents: Mr.S.R.Rajagopal, Additional Advocate General assisted by Mr.V.Anandha Moorthy, Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to pay the compensation to the petitioners with respect to the subject property in terms of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and in line with the earlier orders passed by the Hon'ble Division Bench of this Court in W.A.No.1666 of 2018 dated 14.12.2018. 2.
Heard Mr.N.Nithianandam, learned counsel for the petitioners and Mr.S.R.Rajagopal, learned Additional Advocate General assisted by Mr.V.Anandha Moorthy, learned Additional Government Pleader appearing on behalf of the respondents. 3.
The issue raised in the present Writ Petition is squarely covered by the earlier judgment passed by the Hon'ble Division Bench in W.A.No.1666 of 2018, dated 14.12.2018. Therefore, the petitioners in this Writ Petition, who are also similarly placed are entitled for the compensation in terms of 2013 Act with respect to the subject property. 4.
In view of the above, there shall be a direction to the fifth respondent to pass final award in terms of the 2013 Act and the direction given by the Hon'ble Division Bench in W.A.No.1666 of 2018, within a period of eight weeks from the date of receipt of a copy of this order. Pursuant to the award passed by the fifth respondent, the compensation shall be paid to the petitioners within a period of eight weeks thereafter. 5.
This Writ Petition is disposed of with the above directions. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1 THE SECRETARY TO GOVERNMENT THE STATE OF TAMIL NADU PUBLIC WORKS DEPARTMENT SECRETARIAT, CHENNAI - 600009.
2 THE COMMISSIONER OF LAND ADMINISTRATION EZHILAGAM, CHEPAUK, CHENNAI - 600005 3 THE DISTRICT COLLECTOR THIRUVALLUVAR DISTRICT THIRUVALLUR.
4 THE DISTRICT REVENUE OFFICER THIRUVALLUVAR DISTRICT THIRUVALLUVAR.
5 THE SPECIAL TAHSILDAR (LAND ACQUISATION) UNIT - IV KANNANKOTTAI - THERVOKANDIGAI RESEVOIR SCHEME GUMMIDIPOONDI TALUK AT KAVARAPETTAI THIRUVALLUR.
+1 CC to Mr.N.Nithianandam, Advocate sr 38069. W.P.No.11969 of 2020 PP(CO) SP(11/01/2021)