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Madras High CourtWP/17959/2018disposed of

Mrs.Jayalakshmi v. The Secretary To Government

2018-08-01Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.17959 of 2018 Jayalakshmi

...Petitioner

Vs.

1. The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

2. The Commissioner cum Director, Chepauk, Chennai - 600 005.

3. The District Collector, Collectorate Office, Dharmapuri - 636 705.

4. The Special Tahsildar (L.A.), Collectorate Complex, Dharmapuri - 635 765.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to pay the compensation for the lands acquired to an extent of 0.46.5 hectares in Survey No.318/6 and 0.55.0 hectares in Survey No.339/4 situate at Laligam Village, Dharmapuri Taluk and District to the petitioner within the time to be stipulated by this Court based on the order dated 24.08.2012 passed in LAOP No.99/2002 on the file of the Additional District Court (Fast Track) Dharmapuri. For Petitioner : Mr.R.Bharath Kumar For Respondents: Mr.D.Raja, AGP

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.

2. The petitioner has come forward with this writ petition for issuance of a writ of mandamus, directing the respondents to

pay compensation for the land acquired in Survey Nos.318/6 and 339/4 in Laligam Village, Dharmapuri Taluk and District.

3. The petitioner would claim that the land of the petitioner was acquired by the respondents under the Land Acquisition Act, 1894 for the purpose of allotting house site to the Backward people and the Land Acquisition Officer passed an award on 17.03.1998.

4. Aggrieved over the award, the petitioner sought reference under Section 18 of the Act, and the matter was heard by the Additional District Judge, Dharmapuri in LAOP No.99 of 2002 and it was decided on 24.08.2012. As per the judgment, the petitioner is entitled for Rs.1,28,146/-. Since the amount was not paid so far, the present writ petition has been filed.

5. Considering the above facts, this Court directs the respondents to pay the compensation amount of Rs.1,28,146/- (Rupees one lakh twenty eight thousand and one hundred and forty six only) along with interest at the rate of 9% from the date of judgment till the payment, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pvs To

1. The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

2. The Commissioner cum Director, Chepauk, Chennai - 600 005.

3. The District Collector, Collectorate Office, Dharmapuri - 636 705.

4. The Special Tahsildar (L.A.), Collectorate Complex, Dharmapuri - 635 765.

+1cc to Mr.R.Bharath Kumar, Advocate sr.no.52815 +1cc to Government Pleader sr.no.53995 WP.No.17959 of 2018 nr 30/08/2018