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Madras High CourtWP/493/2016disposed of

Mariammal, v. The District Collector,

2021-06-29Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.493 of 2016 and W.M.P.Nos.331 of 2016 and 16867 & 16872 of 2019 Mariammal

...Petitioner

Vs 1.The District Collector Thiruvallur District Thiruvallur.

2.The Revenue Divisional Officer (R.D.O.) Ponneri Revenue Division Ponneri-601 204.

3.The Special Tahsildar (LA)(II) Unit V North Chennai Thermal Power Project (NCTPP) Ennore, Chennai-600 057.

4.The Superintendent of Engineer/CM North Chennai Thermal Power Station (NCTPS) Chennai-600 120.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to immediately settle the petitioner enhanced compensation amount of Rs.300/- per cent with all accrued benefits namely solatium, interest and penal interest etc. payable for acquisition of petitioner's lands measuring 89 cents in Survey No.107 and 92 cents in survey No.112, both of Ennore Village, then Ponneri Taluk, presently Thiruvottiyur Taluk, Thiruvallur District, acquired by the respondents for the purpose of establishment of North Chennai Thermal Power Station (NCTPS), Chennai-600 120, thereby treating the petitioner on par with other similarly placed claimants whose lands were acquired for the said project and were paid enhanced compensation with other benefits as detailed above.

For Petitioner :Mr.K.Premkumar For Respondents :Mr.Stalin Abimanyu Government Advocate

ORDER

The prayer made in this writ petition is to issue a mandamus, directing the respondents to settle the enhanced compensation at Rs.300/- per cent with all accrued benefits namely solatium, interest and penal interest payable for acquisition of the petitioner's lands in S.No.107 measuring to an extent of 89 cents and S.No.112 measuring to an extent of 92 cents both situated in Ennore Village, Thiruvallur District, for the purpose of establishment of North Chennai Thermal Power Station, Chennai, by treating the petitioner on par with other similarly placed claimants, whose lands were acquired for the said project and were paid enhanced compensation with other benefits.

2.Today, when the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that it would suffice, if this Court grants liberty to the petitioner to file appropriate application under the provisions of the Land Acquisition Act before the Sub Court, Tiruvallur. 3.Granting such liberty to the petitioner, the writ petition stands disposed of.

No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar kj To 1.The District Collector Thiruvallur District, Thiruvallur.

2.The Revenue Divisional Officer (R.D.O.) Ponneri Revenue Division Ponneri-601 204.

3.The Special Tahsildar (LA)(II) Unit V North Chennai Thermal Power Project (NCTPS) Ennore, Chennai-600 057.

4.The Superintendent of Engineer/CM North Chennai Thermal Power Station (NCTPS) Chennai-600 120.

+1 CC to The Government Pleader sr 30227 +1 CC to Mr.K.Premkumar , Advocate sr 30162.

W.P.No.493 of 2016 PL(CO) SP(25/08/2021)