Madras High CourtWP/15836/2022disposed of

K.Gopalakrishnan v. The District Collector-Chennai

2022-06-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Gopalakrishnan ... Petitioner Vs.

1. The District Collector Chennai, Office of the District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

2. The District Revenue Officer - Chennai, Office of the District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

3. The Chairman, Tamil Nadu Housing Board, Koyambedu, Chennai - 600 107.

4. The District Revenue Officer (LA), Tamil Nadu Housing Board, Koyambedu, Chennai - 600 107.

5. The Special Tahsildar (LA-II), Tamil Nadu Housing Board, Koyambedu, Chennai - 600 107.

... Respondents PRAYER: The Writ Petition filed under Section 226 of the Constitution of 1/6

India, pleased to issue a Writ or direction or order more particularly in the nature of Writ of Mandamus directing the 1 to 5 respondents herein to disburse the compensation along with interest, in pursuance of the Award No.3/85, dated 31.07.1985 as confirmed in the proceedings of the 1st respondent herein in Proc.No.J17/31359/2019, dated 24.08.2021, within a specific time frame as may be stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Kempraj For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 5 to disburse the compensation along with interest, in pursuance of the Award No.3/85, dated 31.07.1985 as confirmed in the proceedings of the 1st respondent in Proc.No.J17/31359/2019, dated 24.08.2021.

3. It is the case of the petitioner that he acquired the property of an extent of 0.45 acre in Nolambur Village from his mother namely Muniammal by way of inheritance. Thereafter, the said property was acquired by the respondents and the Award to that effect was passed vide Award No.3/85 dated 2/6

31.07.1985. Aggrieved over the same, said Muniammal made an application to the 4th respondent seeking for enhancement of the compensation and subsequently, she died leaving behind the petitioner as the sole legal heir. Since the said application submitted by Muniammal was not considered, the petitioner made several representations before the respondents which was also not considered by the respondents. Thereafter, the 1st respondent vide proceedings dated 24.08.2021, enhanced the compensation. However, the respondents 1 to 5 have not disbursed any such compensation to the petitioner. Hence the present Writ Petition has been filed seeking the aforesaid relief.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondents 1 to 3 to implement the order passed by the 1st respondent dated 24.08.2021 and pay the appropriate compensation to the petitioner in the light of order dated 24.08.2021 within a time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the Respondents has no objection for the said order being passed. 3/6

6. Heard the arguments advanced on either side and perused the materials placed on record.

7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents 1 to 3 to implement the order passed by the 1st respondent dated 24.08.2021 after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

24.06.2022 RAP Speaking Order : Yes/No Index : Yes/No 4/6