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Madras High CourtWP/15209/2021disposed of

R.Mythili v. The District Collector

2021-07-26Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P.Nos. 15209, 15215, 15220, 15222, 15223, 15226, 15227, 15229, 15232, & 15234 of 2021 R. Mythili ... Petitioner in WP No.15209/2021 Battana Sneha ... Petitioner in WP No.15215/2021 K.Pushpa ... Petitioner in WP No.15220/2021 Mrs.V.Sujatha ... Petitioner in WP No.15222/2021 S.Pradeep Raj ... Petitioner in WP No.15223/2021 N.Sundar ... Petitioner in WP No.15226/2021 K.P.Sriram ... Petitioner in WP No.15227/2021 R.Ravikrishnan ... Petitioner in WP No.15229/2021 Mrs.Swapna Chandu ... Petitioner in WP No.15232/2021 P.S.Subramanian ... Petitioner in WP No.15234/2021 Vs

1. The District Collector, Kancheepuram, Industries SIPCOT-LA Department, Kancheepuram.

2. The Special Tahsildar, (LA), Mannur Valarpuram Nemili Scheme, SIPCOT Project Office, INDL Park (first floor), Irungattukottai, Pennalur Post, Sriperumbudur Taluk, Kancheepuram District 602 105 ... Respondents in all WPs Common Prayer in WP's: Writ Petitions filed under Article 226 of the Constitution of India to issues a Writs of Mandamus, directing the 2nd respondent to refer the matter to the competent court as per Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, for enhancement of

compensation for land acquired from the petitioner in S.No.542B/5I, 542B/5H measuring an extent of 4,800 sq.ft earmarked as Plot No.173, S.No.517/3B measuring an extent of 2400 sq.ft. earmarked as Plot.No.322, S.No.513/2 and 513/4 measuring an extent of 2400 sq ft, earmarked as Plot.No.402, S.No.517/1B measuring an extent of 4800 sq.ft. earmarked as Plot.No.464, S.No.542B/6A1,542B/6B,542B/4 measuring an extent of 4800 sq.ft. earmarked as Plot.No.164, S.No.7/1 & 7/2 at Nemili Village and S.No.513/5B at Mannur Village measuring an extent of 2400 sq.ft. earmarked as Plot.No.585, S.No.650/2B,650/2A measuring an extent of 3408 sq.ft. earmarked as Plot.No.136, S.No.516/1 measuring an extent of 2400 sq.ft. earmarked as Plot.No.438, S.No.517/1B measuring an extent of 5140 sq.ft. earmarked as Plot.No.466, S.No.517/5A measuring an extent of 2400 sq.ft. earmarked as Plot.No.539 respectively, in the approved layout "Poonamallee Mannur Vijayam Sowbhagya Cooperative Mahaa Nagar, Situated at No.50, Manur Village, Sriperumbudur Taluk, Kanchepuram District.

For petitioners ...

Mr. M.R.Kuyilan in all W.Ps.

For respondents ...

Mr. Yogesh Kannadasan, in all W.Ps.

Government Advocate COMMON ORDER These writ petitions have been filed seeking a direction to the 2nd respondent to consider the representation of the petitioners.

2. According to the petitioners, their lands were acquired under the Tamilnadu Land Acquisition of Land for Industrial Purposes Act. Thereafter, an award enquiry was conducted and the petitioners have also appeared in the award enquiry. Subsequently, the compensation amount was deposited in the petitioners' bank account, without serving the copy of the award and then only, they came to know about the passing of award and the petitioners have withdrawn the amount under protest. Thereafter, within 60 days from the date of receipt of the amount, the petitioners made an application before the 2nd respondent, under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, seeking for enhancement of compensation and their application has not been considered so far . Hence, the present writ petition has been filed.

3. The learned counsel for the petitioners would submit that even though all the petitioners have appeared in the award enquiry, after passing of award, the copy of the award was not served on the petitioners and they came to know the same only

after the amount was deposited in their Bank Account. Immediately, they have filed an application under Section 8 of the Act seeking for enhancement.

4. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents.

5. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petitions, and the fact that the petitioners' representation seeking for enhancement of compensation, is pending with the 2nd respondent, without going into the merits of the case, the 2nd respondent is directed to consider the petitioners' representation, and pass suitable orders, on merits and in accordance with law, after hearing the petitioners, within a period of eight (8) weeks from the date of receipt of a copy of this order. The 2nd respondent is also directed to furnish the copy of the award to the petitioners.

6. With the above directions, all the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mrp To

1. The District Collector, Kancheepuram, Industries SIPCOT-LA Department, Kancheepuram.

2. The Special Tahsildar, (LA), Mannur Valarpuram Nemili Scheme, SIPCOT Project Office, INDL Park (first floor), Irungattukottai, Pennalur Post, Sriperumbudur Taluk, Kancheepuram District 602 105 +10cc to M/s.M.R.Kuyilan, Advocate, S.R.No.36044 to 36053 +1cc to the Government Pleader, S.R.No.36287,36291 W.P. Nos.15209, 15215, 15220, 15222, 15223, 15226, 15227, 15229, 15232, & 15234 of 2021 SKY(CO) SB(19/08/2021)