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Madras High CourtWP/25113/2021disposed of

Anthony v. The District Collector

2021-12-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.25113 OF 2021 1.Anthony 2.Athiroopam 3.Haribaskaran 4.C.Arul 5.Mariadoss 6.Marymalar 7.Mathalan Mary 8.Balamurugan 9.Papa 10.Palaniammal

...Petitioners

Vs 1.The District Collector cum Arbitrator, Salem District.

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Villupuram, Holding Additional Charge of, The Competent Authority, and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Salem-4.

3.The Project Officer, National Highways Authority of India-68, Salem

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to disburse the statutory entitlement namely 30% solatium with interest till the day of payment, in the light of judgment of Hon'ble Supreme Court of India in the matter of Union of India and another Vs. Tarsem Singh and Others in Civil Appeal No.7064 of 2019 by considering petitioners' representation dated 20.10.2021 within time framed manner.

For Petitioners :

Mr.K.Sudhakar For Respondents For R1 :

Mr.C.Kathiravan, Additional Government Pleader For R2 & 3 :

Mr.Su.Srinivasan

ORDER

This writ petition is filed for direction directing the second respondent to disburse the statutory entitlement namely 30% solatium with interest till the day of payment, in the light of judgment of Hon'ble Supreme Court of India in the case of Union of India and another Vs. Tarsem Singh and Others in Civil Appeal No.7064 of 2019 by considering petitioners' representation dated 20.10.2021 within time framed manner.

2. Without expressing any opinion on merits of the writ petition, the second respondent is directed to conduct enquiry on the representation of the petitioners dated 20.10.2021 and, after giving them opportunity of hearing, pass orders in the light of the judgment of the Hon'ble Supreme Court of India in the case of Union of India and another Vs. Tarsem Singh and others in Civil Appeal No.7064 of 2019 reported in (2019) 9 SCC 304 on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order.

3. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar lok To 1.The District Collector cum Arbitrator, Salem District 2.The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Villupuram, Holding Additional Charge of, The Competent Authority, and Special District Revenue Officer, (Land Acquisition), National Highways - 68, Salem-4.

3.The Project Officer, National Highways Authority of India-68, Salem.

+1cc to the Government Pleader SR.No.67527 WP.No.25113 of 2021 KV(CO) RVM(05/01/2022)