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Madras High CourtWP/24697/2019disposed of

Ramasamy Gounder v. The State Of Tamil Nadu,

2022-02-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24697 of 2019 Ramasmy Gounder ... Petitioner -Vs1. The State of Tamil Nadu, Represented by Secretary to Government, Department of Adi-Dravida Welfare, Secretariat, Chennai.

2. The District Collector, Tiruvannamalai District, Collectorate Office, Vengikkal Village and Post, Tiruvannamalai.

3. The Special Thasildar, Harijan Welfare Department, Chengam Taluk, Tiruvannamalai District.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider and pass appropriate orders on the petitioner's representation dated 18.07.2019, requesting to deposit the award amount of Rs.9,66,032/- in CMA No.6 of 1996 on the file of Subordinate Court, Tiruvannamalai.

For Petitioner : Mr.S.Vediappan For Respondents: Mr.G.Krishnaraja Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents herein to consider and pass appropriate orders on the petitioner's representation dated 18.07.2019, requesting to deposit the award amount of Rs.9,66,032/- in CMA No.6 of 1996 on the file of Subordinate Court, Tiruvannamalai.

2.

Heard Mr.S.Vediappan, learned counsel appearing for the petitioner and Mr.G.Krishnaraja, learned Additional Government Pleader appearing for the respondents. 3.

The petitioner owned land bearing S.No.19/1B, to an extent of 0.47.0 hectares, situated at Kampattu Village, Thandarampet Taluk. The third respondent had acquired the said land and fixed compensation at Rs.230/- per cent as the market value for the property. Aggrieved by the same, the petitioner preferred an appeal in C.M.A.No.6 of 1996 before the Subordinate Court, Tiruvannamalai for fair compensation. The Subordinate Court, set aside the value fixed by the third respondent and fixed the market value at Rs.1938/- per cent and also ordered 30% solatium together with interest. 4.

However, the third respondent did not deposit the same till today. The petitioner also filed an execution petition to execute the order passed in C.M.A.No.6 of 1996 in R.E.P.No.219 of 2017 before the Subordinate Court, Tiruvannamalai. The respondents did not even file a counter in the execution petition and it is still pending. 5.

Considering the above, the third respondent is directed to deposit the enhanced award amount as ordered by the Subordinate Court, Tiruvannamalai in C.M.A.No.6 of 1996, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited. 6.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mn To

1. The Secretary to Government, The State of Tamil Nadu, Department of Adi-Dravida Welfare, Secretariat, Chennai.

2. The District Collector, Tiruvannamalai District, Collectorate Office, Vengikkal Village and Post, Tiruvannamalai.

3. The Special Thasildar, Harijan Welfare Department, Chengam Taluk, Tiruvannamalai District.

+1 cc to Mr.S.Vediappan, Advocate Sr.NO. 6580 +1 cc to Government Pleader Sr.NO. 7361 W.P.No.24697 of 2019 KG(CO) A.SK(28.02.2022)