N.Sagadevan v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and CMP.No.21253 of 2021 N.Sagadevan ... Appellant Vs.

1. The Secretary to the Government Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The District Revenue Officer, Land Acquisition, Outer Ring Road project C.M.D.A. Koyambedu, Chennai-600 092.

4. The Special Tasildhar, Land Acquisition, Outer Ring Project C.M.D.A Koyambedu, Chennai-92.

5. The Special Tasildar (LA) Chennai Outer Ring Road, Phase-I Poonamallee at Nazarathpettai, (Beside Government High School) 1/5

6. Tamil Nadu Road Development Company Ltd., Raja Annamalai Puram, Chennai-600 028.

(R6 Suo motu impleaded vide order dated 22.03.2021) ... Respondents Prayer: Writ Appeal filed under Clause 15 of The Letters Patent, praying to set aside the order passed in WP.No.13176 of 2014 dated 14.09.2021, allow the Writ appeal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Appellant : Mr.Vinod Paul Tyagaraj David For Respondents : Mr.A.Selvendran Special Govt. Pleader for R1 to R5 Mr.M.Sivavarthanan for R6 *****

JUDGMENT

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The land acquisition proceedings were initiated for expansion of junction in Chennai outer ring road. The Writ Court elaborately considered the issues raised between the parties. The due process has been complied with and it is brought to the notice of this Court that an award has been passed on 01.08.2023.

2. The learned counsel for the appellant would submit that the appellant is in possession of the subject property and cultivating. The procedures as 2/5

contemplated were not followed. Thus, the present Writ Appeal is to be considered.

3. The learned Special Government Pleader and the learned counsel appearing for the 6th respondent would submit that the award was passed in Award No.4/2023 on 01.08.2023 and the compensation amount is fixed at Rs.1,78,11,854/-. The petitioner and his brothers are the joint owners of the subject property acquired for public purpose. The learned counsel for the appellant would submit that the share of the appellant may be disbursed by the Authorities competent. In this regard, the respondents shall verify the identity and by receiving required documents from the appellant and disburse his portion of the compensation by following due process. It is left open to the other co-owners to approach the Authorities for receiving their respective portion of compensation.

The learned counsel for the appellant would submit that on receipt of compensation and award copy, the appellant may file an appropriate petition seeking enhancement of compensation. It is left open to the appellant and other land owners to seek for enhancement of compensation in the manner known to law.

by following due process and the provisions of the Act.

4. According, the writ order impugned dated 14.09.2021 passed in WP.No.13176 of 2014 stands confirmed and the Writ Appeal is dismissed. No costs. Consequently, connected CMP is also closed. [S.M.S., J.] [C.K., J.] 13.06.2024 kmi Index : Yes Speaking order : Yes To

1. The Secretary to the Government Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The District Revenue Officer, Land Acquisition, Outer Ring Road project, C.M.D.A. Koyambedu, Chennai-600 092.

4. The Special Tasildhar, Land Acquisition, Outer Ring Project C.M.D.A Koyambedu, Chennai-92.

5. The Special Tasildar (LA) Chennai Outer Ring Road, Phase-I Poonamallee at Nazarathpettai, (Beside Government High School) 4/5

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

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