← Library
Madras High CourtWP/23016/2016ordered

Elangovan v. The Secretary To Government

2016-07-13Honourable Mr Justice N. Kirubakaran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-07-2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN WRIT PETITION No.23016 of 2016 1.Elangovan 2.Sambanda Murthy 3.Villvanathan, S/o.Kathirvel Gounder 4.Amarvathi 5.Kirubanandam 6.Janarthanan 7.Pasupathi Gounder 8.Thukkaram 9.Nataraj Gounder 10.Chandrammal 11.D.Devagi 12.Venkatagiri 13.Murali 14.Thirunavukarasu 15.Vijaya 16.Arunkumar 17.Ganam 18.Vilvanathan, S/o.Late Boosanammal .. Petitioners Vs.

1.The Secretary to Government, Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Revenue Divisional Officer, Land Acquisition Officer, Revenue Divisional Office, Tirupattur, Vellore District-635 601.

.. Respondents Writ Petition is filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay the enhanced compensation as per the common order dated 29.8.2005 passed in LAOP Nos.166/2002, 170/2002, 151/2002, 153/2002, 154/2002, 155/2002, 157/2002, 158/2002, 159/2002, 160/2002, 161/2002, 163/2002, 164/2002, 165/2002, 167/2002, 168/2002, 169/2002 and 150/2002 by the Additional District and Sessions Judge, Fast Track Court, Tirupattur for Land Acquisition and based on the

petitioners' representation dated 27.5.2016.

For Petitioners :

Mr.V.Srikanth For Respondents :

Mr.R.M.Muthukumar, Government Advocate.

O R D E R

The petitioners are the owners of the properties which have been described in paragraph-3 of the affidavit reads as follows:- "3. I submit that I am the owner of the land property situated at S.No.615/1D2, 618/3B, in Agramcheri Village, Vaniyambadi Taluk, Vellore District, and Admeasuring 0.06.12 Hect. The 2nd petitioner is the owner of the land property situated at S.No.619/2A2 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.00.59 Hect. The 3rd petitioner is the owner of the land property situated at S.No.611/2B in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.00.07 Hect. The 4th petitioner is the owner of the land property situated at S.No.611/3B3B and 611/3B5B in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.22 Hect.

The 5th petitioner is the owner of the land property situated at S.No.612/1A2, in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.0 Hect. The 6th petitioner is the owner of the land property situated at S.No.612/1A2, 612/1B2 and 612/1B2 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.25 Hect. The 7th petitioner is the owner of the land property situated at S.No.612/1D7B and 612/3 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.22 Hect. The 8th petitioner is the owner of the land property situated at S.No.612/3 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.05.5 Hect. The 9th petitioner is the owner of the land property situated at S.No.612/1D5B and 612/3 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.

06.0 Hect. The 10th petitioner is the owner of the land property situated at S.No.612/1D4B and 612/1D6B, 612/3 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.83 Hect. The 11th petitioner is the owner of the land property situated at S.No.613/2A and 613/2B2, in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.09.4 Hect.

situated at S.No.618/3B in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.02.5 Hect. The 13th petitioner is the owner of the land property situated at S.No.618/3B, in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.02.5 Hect. The 14th petitioner is the owner of the land property situated at S.No.618/3B in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.02.5 Hect. The 15th petitioner is the owner of the land property situated at S.No.619/1A2 and 619/1B, in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.67 Hect. The 16th petitioner is the owner of the land property situated at S.No.614/1A2B and 619/2A2 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.01.64 Hect.

The 17th petitioner is the owner of the land property situated at S.No.619/2A2 in Agramcheri Village, Vaniyambadi Taluk, Vellore District, and Admeasuring 0.00.59 Hect. The 18th petitioner is the owner of the land property situated at S.No.582/6E2, 582/6F3, 582/7C2, 583/3B and 585/4B in Agramcheri Village, Vaniyambadi Taluk, Vellore District, Admeasuring 0.07.5 Hect."

2. The following extent of properties have been acquired by the second respondent by virtue of proceedings dated 5.8.1999:- Award amount along with statuary benefits, 30% solatium 12% Addl amount 9% interest for1 year 15% interest from Date of possession up to 6.8.99 (Date of passing of award ) Enhanced Compensation along with statuary benefits, 30% Solatium 12% Addl amount 9% interest for1 year 15% interest up to as on 13.7.2016 S.

No .

Name Extent Acquired Survey No.

L.A.O.

P No.

1. Elangova n 0.06.12 Hect 615/1D2, 618/3B Rs. 6208.00 166/02 Rs.539951.00

2. Sambanda murthy 0.00.59 Hect 619/2A2 Rs. 1105.00 170/02 Rs. 96031.00

3. Vilvanat han 0.00.07 Hect 611/2B Rs. 120 .00 151/02 Rs. 10375 .00

4. Amaravat hi 0.01.22 Hect 611/3B3B & 611/3B5B Rs. 2089.00 153/02 Rs.181690.00

5. Kirubana ndam 0.01.0 Hect 612/1A2 Rs. 856.00 154/02 Rs. 74447.00

6. Janartha nan 0.01.75 Hect 612/1A2, 612/1B2 & 612/1B2 Rs. 2141.00 155/02 Rs. 186258.00

7. Pasupath i Gounder 0.01.22 Hect 612/1D7B & 612/3 Rs. 4852.00 157/02 Rs. 422054.00

8. Thukkara m 0.05.5 Hect 612/3 Rs. 1570.00 158/02 Rs. 136580.00

9. Natraj Gounder 0.06.0 Hect 612/1D5B Rs. 2840.00 159/02 Rs. 228849.0 .

Chandram mal 0.01.83 Hect 612/1D4B & 612/1D6B, 612/3 Rs. 5229.00 160/02 Rs. 454850.

.

Devaki 0.09.4 Hect 613/2A & 613/2B2 Rs.16580.00 161/02 Rs.

1413186.00 .

Venkatag iri 0.02.5 Hect 618/3B Rs. 1070.00 163/02 Rs.

93130.00 .

Murali 0.02.5 Hect 618/3B Rs. 1070.00 164/02 Rs.

93130. 00 .

Thirunav ukarasu 0.02.5 Hect 618/3B Rs. 1070.00 165/02 Rs.

93130. 00 .

Vijaya 0.01.067 Hect 619/1A2 & 619/1B Rs. 2860.00 167/02 Rs. 263592.00 .

Arun Kumar 0.01.64 Hect 614/1A2B & 619/2A2 Rs. 2821.00 168/02 Rs.

245343.00 .

Ganam 0.00.59 Hect 619/2A2 Rs.

253.00 169/02 Rs.

22002.00 .

Vilvanat han 0.07.5 Hect 582/6E2, 582/6F3, 582/7C2, 583/3B & 585/4B 150/02 Rs.

1117125.00 Rs.12844.00

3. The second respondent passed Awards fixing the compensation of Rs.63,763/- per hectare. Aggrieved over that, the petitioners have preferred LAOPs before the Referral Court in LAOP Nos. 166/2002, 170/2002, 151/2002, 153/2002, 154/2002, 155/2002, 157/2002, 158/2002, 159/2002, 160/2002, 161/2002, 163/2002, 164/2002, 165/2002, 167/2002, 168/2002, 169/2002 and 150/2002 on the file of the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur.

4. By a judgment and decree dated 29.8.2005, the Fast Track Court, Tirupattur fixed the compensation amount at Rs.11.20 per sq. ft. and enhanced the value of the superstructures at Rs.750/- per tree against the judgment and decree of the Referral Court. No further appeal has been preferred by the Government and it has attained its finality.

5. The petitioners, waiting for a longtime, jointly gave a representation on 27.5.2016 seeking payment of compensation fixed by the Fast Track Court on 29.8.2005. Though the said representation was received by the respondents on 2.6.2016, so far no amount has been paid and hence the petitioners have approached this Court by way of filing these writ petitions.

6. Heard Mr.V.Srikanth, learned counsel appearing for the petitioners and Mr.R.M.Muthukumar, learned Government Advocate appearing for the respondents.

7. There is no dispute with regard to the acquisition of properties by the respondents for the purpose of laying road. Similarly, the finality attained with regard to the quantum of compensation is on 29.8.2005. From 2005 onwards till date, no amount has been paid by the respondents. The petitioners have lost their respective properties and also unable to enjoy the fruits of the judgment passed by the Referral Court. They waited sufficiently for 11 years and any further wait will only render injustice to them. Therefore, this Court has got no hesitation than to direct the respondents to pay the amounts as per the judgment and decree passed in LAOP Nos.166/2002, 170/2002, 151/2002, 153/2002, 154/2002, 155/2002, 157/2002, 158/2002, 159/2002, 160/2002, 161/2002, 163/2002, 164/2002, 165/2002, 167/2002, 168/2002, 169/2002 and 150/2002 by the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur along with interest. The details have been given in the representation dated 27.5.2016.

8. Mr.R.M.Muthukumar, learned Government Advocate for respondents, on the instructions of Mrs.Jeyanthi, Additional Divisional Engineer, Highways, would submit that the Government requires three months time for making payment, taking into consideration the various processes required to be undergone, time is granted for making the payment of compensation to the respective petitioners on or before 13.10.2016. Call the matter on 17.10.2016 either for production of Demand Draft or Banker's cheque, failing which the respondents shall appear before this Court on that date.

9. The writ petition is ordered in the above terms. No costs.

13.07.2016 For Reporting Compliance WP.Nos.23016 of 2016: These cases having been posted on Monday, the Seventeenth Day of October 2016, under the Caption "For reporting Compliance" and pursuant to the orders of this Court dated 13/07/2016 and made herein and in the presence of the aforesaid Advocate the Court made the following order: This court, by orders dated 13.7.2016, directed the respondents to pay the compensation, on or before 13.10.2016, to the petitioners.

When the matters are called today "For Reporting Compliance".

Mr.V.Ayyathurai, learned Additional Advocate General seeks eight more weeks to make the payment, stating certain reasons.

The endeavour of this court is only to see that the compensation amount is paid to the petitioners. In that view of the matter, time is extended till 18.12.2016 for complying with the orders dated 13.7.2016. Call the matters on 19.12.2016 for reporting compliance, failing which the first respondent shall appear before this court on that day.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Svn.

To 1.The Secretary to Government, Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Revenue Divisional Officer, Land Acquisition Officer, Revenue Divisional Office, Tirupattur, Vellore District-635 601.

WP No.23016 of 2016 ug( co) kra 31.08.2016 aa24/10/2016