Ayisha Ummal v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.Ayisha Ummal 2.Jagabar Nisha 3.O.A.Mohamed Maoushik Imram ...

Petitioners versus 1.The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 600 009.

2.The Commissioner, Land Administration, Chepauk, Chennai - 600 005.

3.The District Collector, 4.The District Revenue Officer [LA], Kanchipuram District.

5.The Executive Director, NRIDC, LLA Building, Chennai - 600 002.

6.The Divisional Engineer, TNRIDC, LLA Building, Chennai - 600 002.

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7.The Special Tahsildar, Land Acquisition, Oragadam Industries Infrastructure Scheme, Sriperumbudur, Office of the Sriperumbudur Taluk, Sriperumbudur, ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to calculate the interest as admissible under Section 24 of the Tamil Nadu Highways Act 2001 from the date of possession, i.e., 26.06.2014 to 26.10.2017 and disburse the same in favour of the petitioners in respect of the acquisition of petitioners' land in S.Nos.67/10, 67/11 and 67/12, measuring an extent of 1733 Sq.m., Vallam A Village Sriperambudhur Taluk, Kancheepuram District.

For Petitioners :

Mr.R.Subramanian For Respondents :

Mr.S.J.Mohamhed Sathik Government Advocate

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2.

This writ petition is filed to direct the first respondent to calculate the interest as admissible under Section 24 of the Tamil Nadu 2/6

Highways Act 2001 from the date of possession, i.e., 26.06.2014 to 26.10.2017 and disburse the same in favour of the petitioners in respect of the acquisition of petitioners' land in S.Nos.67/10, 67/11 and 67/12, measuring an extent of 1733 Sq.m., Vallam A Village Sriperambudhur Taluk, Kancheepuram District.

3.

Heard the learned counsel for the petitioners and the Government Advocate for the respondents and perused the materials available on record.

4.

The case of the petitioners is that though the petitioners' property to an extent of 1733 sq.m. was acquired by the Government for the Oragadam Industries Infrastructure Scheme, Sriperumbudur on 26.06.2014, compensation has been paid to the petitioners from the date of publication of 15[2] notice, i.e., from 27.10.2017. Whereas, the petitioners are entitled for compensation from the date of possession, i.e., from 26.06.2014 as per Section 24 of the Tamil Nadu Highways Act, 2001. In this regard, the petitioners have given a representation to the respondents on 14.11.2023. 3/6

However, the respondents have not considered the representation of the petitioners till date. Hence, the present Writ Petition. 5.

Considering the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the representation of the petitioners dated 14.11.2023 and pass Orders on the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

6.

With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 600 009.

2.The Commissioner, Land Administration, Chepauk, Chennai - 600 005.

3.The District Collector, 4.The District Revenue Officer [LA], Kanchipuram District.

5.The Executive Director, NRIDC, LLA Building, Chennai - 600 002.

6.The Divisional Engineer, TNRIDC, LLA Building, Chennai - 600 002.

7.The Special Tahsildar, Land Acquisition, Oragadam Industries Infrastructure Scheme, Sriperumbudur, Office of the Sriperumbudur Taluk, Sriperumbudur, 5/6

N.SATHISH KUMAR , J.

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