Madras High CourtWP/14540/2021disposed of

Fahim K. Ilkal v. The District Collector

2021-07-20Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P.Nos. 14540, 14542, 14544, 14545, 14547, 14549, 14550, 14551, 14552, & 14555 of 2021 1 FAHIM K. ILKAL ... PETITIONER in WP No.14540 of 2021 1 J.JAYA ... PETITIONER in WP No.14542 of 2021 1 S.SANKARANARAYANAN ... PETITIONER in WP No.14544 of 2021 1 B. RAVICHANDRAN ... PETITIONER in WP No.14545 of 2021 1 R.JAYABAL ... PETITIONER in WP No.14547 of 2021 1 MRS. JASMINE JOHNCY DURAND ... PETITIONER in WP No.14549 of 2021 1 SWAMINATHAN ... PETITIONER in WP No.14550 of 2021 1 CHANDRA RAMESH ... PETITIONER in WP No.14551 of 2021 1 DR. P.SRINIVASA VARMA ... PETITIONER in WP No.14552 of 2021 1 J.BIJU SAM ... PETITIONER in WP No.14555 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 W.Ps

These Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ 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.

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serving the copy of the award and then only they came to know about the passing of the award and the petitioners have withdrawn the amount under protest.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.

-s/d- Assistant Registrar(CS-IX) 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 +10 Ccs to Mr. M.R.Kuyilan, Advocate sr 35065 to 35074. +1 CC to The Government Pleader sr 35310 & 35294. W.P. Nos.14540, 14542, 14544, 14545, 14547, 14549, 14550, 14551, 14552, & 14555 of 2021 SKY(CO) SP(18/08/2021)