Madras High CourtWP/14968/2021disposed of

K.Sankaran v. The District Collector

2021-07-22Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P.Nos. 14968, 14970, 14971, 14974, 14976, 14977, 14980, 14981, 14982 & 14985 of 2021 K.SANKARAN ... Petitioner in WP No.14968 of 2021 SASIKALA ... Petitioner in WP No.14970 of 2021 M.VIJAYAKUMAR ... Petitioner in WP No.14971 of 2021 A.SHANTHI ... Petitioner in WP No.14974 of 2021 M.ANANDAKUMAR ... Petitioner in WP No.14976 of 2021 RITESH AGARWAL ... Petitioner in WP No.14977 of 2021 RITESH AGARWAL ... Petitioner in WP No.14980 of 2021 S.RAVI ... Petitioner in WP No.14981 of 2021 T.K.USHA ... Petitioner in WP No.14982 of 2021 GEETHA CHANDRASEKARAN ... Petitioner in WP No.14985 of 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.

These Writ Petitions are under Article 226 of the Constitution of India to issue a Writ of Mandamus, Directing the 2nd Respondent herein to refer the matter to the competent court as per Sec. 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997, for enhancement of compensation for land acquired from (1) the petitioner in S. No. 542B/4 542B/ 6B Measuring an extent of 2400 sq ft earmarked as Plot No. 144 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Cooperative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14968/2021)

(2) petitioner in S. No. 513, 514, 516 and 517 at Mannur village Measuring an extent of 3200 sq ft earmarked as Plot No. 73 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14970/2021)

(3) petitioner in S. No. 540/B2 Measuring an extent of 4,800 sq ft earmarked as Plot No. 194 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14971/2021)

(4) petitioner in S. No. 519/5B1, 519/5B2 Measuring an extent of 5460 sq ft earmarked as Plot No. 208 and 209 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Cooperative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14974/2021)

(5) petitioner in S. No. 517 / 4B Measuring an extent of 3200 sq ft earmarked as Plot No. 303 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14976/2021)

(6) petitioner in S. No. 517/2A1, 517/2B, 650/2A Measuring an extent of 4,800 sq ft earmarked as Plot No. 159 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Cooperative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14977/2021)

(7) petitioner in S. No.517/2A1, 517/2B, 650/2A and 650/2B Measuring an extent of 4,800 sq ft earmarked as Plot No. 159 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-

operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P No.14980/2021)

(8) petitioner in S. No.514 / 1 Measuring an extent of 22,400 sq ft earmarked as Daily Market in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14981/2021)

(9) petitioner in S. No.7/13, 7/14, and 7/15 at Nemili Village and S. No. 512/5A and 512/4G Mannur Village Measuring an extent of 4800 sq ft earmarked as Plot No. 654 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14982/2021)

(10) petitioner in S. No. 512/5A, 4G, 4F Measuring an extent of 4800 sq ft earmarked as Plot No. 653 in the approved Layout Poonamallee Mannure Vijayam Sowbhagya Co-operative Mahaa Nagar situated at No. 50, Mannur village, Sriperumbudur Taluk Kancheepuram District Within a time frame fixed by this Honble Court (W.P.No.14985/2021) respectively within a time frame fixed by this Hon'ble Court.

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 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(CS-II) // 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 +10ccs to M/s. M.R.Kuyilan, Advocate, S.R.No.35052 to 35060 & 35064 +1cc to the Government Pleader, S.R.No.35293 W.P. Nos.14968, 14970, 14971, 14974, 14976, 14977, 14980, 14981, 14982 & 14985 of 2021 RSI(CO) SU(01/09/2021)