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Madras High CourtWP/29221/2022disposed of

Murugesan v. The District Collector

2022-11-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.28512 of 2022 Murugesan ... Petitioner Vs.

1.The District Collector, Sriperumbudur Taluk, Kancheepuram District.

2.The Chairman and Managing Director, SIPCOT, 19A, Rukmani Lakshmipathi Road, Egmore, Chennai 600 008.

3.The Special Tahsildar (L.A.) SIPCOT, Thirumangalam Existing Scheme, No.A2, Project Office, SIPCOT Park, Tambaram Road, Near Pillaipakkam Village, Sriperumbudur, Kancheepuram District - 602 105.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to deposit the enhanced compensation towards balance of acquired extent of 66 cents, comprised in S.No.312/2i in Sriperumbudur Taluk, Kancheepuram District, Thirumangalam Village whose total extent 1/6

being 1 Acre and 51 cents, out of which enhanced compensation towards 85 cents already deposited, to the credit of LAOP. No.190/2004 disposed on the file of the 1st Additional District Judge at Thiruvallur by stipulating a time period.

For Petitioner : Mr.A.S.Vijay Anand For Respondents : Mr.U.Baranidharan for R1 Additional Government Pleader Mr.B.Vijay for R2 and R3 Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 2 and 3 to deposit the enhanced compensation towards balance of acquired extent of 66 cents, comprised in S.No.312/2i in Sriperumbudur Taluk, Kancheepuram District, Thirumangalam Village, whose total extent being 1 Acre and 51 cents, out of which, enhanced compensation towards 85 cents already deposited, to the credit of LAOP. No.190/2004 disposed on the file of the learned I Additional District Judge at Thiruvallur.

2.The case of the petitioner is that the petitioner's land in S.No.312/2i measuring an extent of 1 Acre and 51 cents in 2/6

Sriperumbudur Taluk, Kancheepuram District, Thirumangalam Village was acquired by the respondents for formation of Industrial Park in Thirumangalam Village and Sriperumbudur Taluk, Kancheepuram District and award in Award No.1/2000 was passed on 09.03.2000. Thereafter at the instance of the petitioner, reference was made under Section 18 of the Land Acquisition Act for enhancement of compensation amount and vide judgment dated 14.11.2007 made in LAOP. No.190/2004 the compensation amount was enhanced from Rs.400/- per cent to Rs.3,500/- per cent.

3.The further case of the petitioner is that aggrieved by the said enhancement of compensation amount, the third respondent filed A.S.No.144/2011 before the Hon'ble Division Bench of this Court, however, vide judgment dated 11.10.2013, the Hon'ble Division Bench of this Court further enhanced the compensation amount. Thereafter, the respondents deposited the enhanced compensation amount, however, the amount was deposited only in respect of 85 cents and not for the entire extent of the land. Hence, the petitioner made representation dated 15.12.2021 to the respondents seeking to deposit the enhanced compensation amount for the balance acquired extent of 66 cents and since the same has not yet been considered, 3/6

has filed this writ petition.

4.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 15.12.2021 and to pass appropriate orders within a reasonable time frame.

5.Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 15.12.2021, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 18.11.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6

To 1.The District Collector, Sriperumbudur Taluk, Kancheepuram District.

2.The Chairman and Managing Director, SIPCOT, 19A, Rukmani Lakshmipathi Road, Egmore, Chennai 600 008.

3.The Special Tahsildar (L.A.) SIPCOT, Thirumangalam Existing Scheme, No.A2, Project Office, SIPCOT Park, Tambaram Road, Near Pillaipakkam Village, Sriperumbudur, Kancheepuram District - 602 105.

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M.DHANDAPANI,J.

pri And W.M.P.No.28512 of 2022 18.11.2022 6/6