Madras High CourtWP/24822/2021disposed of

Thirumathi Kachanamala Nagalingam v. The Secretary To The Government Of Tamil Nadu

2021-11-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.24822 of 2021 Thirumathi Kanchanamala Nagalingam

...Petitioner

1. The Secretary to the Government of Tamilnadu, Department of Industries, Secretariat, Fort St.George, Chennai - 600 009.

2. The Managing Director, SIPCOT, 19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai - 600 008.

3. The District Collector, Kanchipuram District, Collectorate, Kanchipuram - 631 501.

4. The Special Deputy Collector, SIPCOT Mannur Valapuram Nemili Scheme, Sriperumbudur, Kanchipuram District.

5. The Revenue Divisional Officer-cum-Land Acquisition Officer, Sriperumbudur, Revenue Divisional Office, 6/114, Pattnoolchatram, Sriperumbudur, Kanchipuram District - 602 105.

6. The Special Tahsildar, (L.A) Unit I & II Mannur Valapuram Nemili Scheme, No.14/43, Govinda Medu Street, Near Taluk Office, Sriperumbudur, Kanchipuram District - 602 105.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Award passed by the third respondent herein in Na.Ka.No.9/2014/Aa & Award No.10/2016, dated 24.12.2020, quash the same as far as the erroneously deducted portion of Rs.42,27,220/- (Rupees Forty two lakhs twenty seven thousand two hundred and twenty only) 1/3rd (33.33%) towards the land development charges by erroneously considering the said plot as unapproved plot and consequently directing the third respondent herein to pay to the petitioner the said amount of Rs.42,27,220/- (Rupees Forty two lakhs twenty seven thousand two hundred and twenty only) 1/3rd (33.33%) by considering the petitioner's final representation, dated 04.10.2021. For Petitioner : Mr.T.M.Karthikeyan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R-1, R-3 to R-6)

ORDER

This writ petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Award passed by the third respondent herein in Na.Ka.No.9/2014/Aa & Award No.10/2016, dated 24.12.2020, quash the same as far as the erroneously deducted portion of Rs.42,27,220/- (Rupees Forty two lakhs twenty seven thousand two hundred and twenty only) 1/3rd (33.33%) towards the land development charges by erroneously considering the said plot as unapproved plot and consequently direct the third respondent herein to pay to the petitioner the said amount of Rs.42,27,220/- 1/3rd (33.33%) by considering the petitioner's final representation, dated 04.10.2021.

2. Though the award was passed on 24.12.2020, the learned counsel for the petitioner restricted the prayer to consider the petitioner's representation in favour of the above.

3. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the third respondent is directed to consider the representation of the petitioner dated 04.10.2021, after issuance of notice to the petitioner and the counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

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