Madras High CourtWP/25893/2022disposed of

M.Saraswathi v. The Government Of Tamilnadu

2022-09-27Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

1. M. Saraswathi Represented by Power of Attorney Mr.M. Balasundaram.

2. Mr.P.Ramalingam

...Petitioners

Vs.

1. The Government of Tamil Nadu.

Represented by its Secretary, Transport Department, Fort St.George, Chennai 600 009.

2. The District Collector, Coimbatore - 641 018.

3. The District Revenue Officer, Coimbatore - 641 018.

4. The Special District Revenue Officer, Land Acquisition, Coimbatore Airport Runway Extension, Coimbatore - 641 018.

5. The Director, Airport Authority of India, Coimbatore.

1/7

6. The Director, Airport Authority of India, Chennai.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to pay compensation to the petitioners, along with interest, in terms of the order dated 18.08.2020 made in the batch of writ petitions W.P.No.2116/2017 by the Division Bench of this Hon'ble Court, considering the representation of the petitioners dated 27.07.2022 in respect of the lands of the petitioners land situated at Coimbatore District, Irugur Village, Unit-1, block No.19, comprised 245/2 Measuring an extent 2.20 acres, S.P.No.No.235 measuring an extent 1.75 acre, S.F.No.268 measuring an extent of 0.25 acre, in accordance with law and pass orders.

For Petitioners : Mr.G. Saravanabhavan For Respondent -1 : Mr.Yogesh Kannadasan For Respondents 2,3 and 4 : Mr.U. Bharanidharan Additional Government Pleader

O R D E R

The petitioners have filed this writ petition for issuance of a Writ of 2/7

Mandamus directing the respondents 1 to 4 to pay compensation to the petitioners, along with interest, in terms of the order dated 18.08.2020 made in the batch of writ petitions W.P.No.2116/2017 by the Division Bench of this Hon'ble Court, considering the representation of the petitioners dated 27.07.2022 in respect of the lands of the petitioners land situated at Coimbatore District, Irugur Village, Unit-1, block No.19, comprised 245/2 Measuring an extent 2.20 acres, S.P.No.No.235 measuring an extent 1.75 acre, S.F.No.268 measuring an extent of 0.25 acre, in accordance with law.

2. The learned Special Government Pleader takes notice for the official respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

4. The case of the petitioners is that the subject land was acquired for the expansion of the Coimbatore Airport. The acquisition process was entangled in a batch of writ petitions in W.P.No. 2116/2017 and 2709/2017 etc.,. However during the pendency of the writ petition the 2nd respondent conducted a meeting to negotiate the compensation amount and a consensus was arrived at 06.03.2018 and directed the first and second 3/7

respondents to disbursement payments to the land owners. Subsequently, the batch of writ petitions was disposed on 18.08.2020 with a direction to pay the agreed rate of compensation to the petitioners in the W.P's and the same benefit shall be be extended to the other land owners who are also affected by the said acquisition proceedings. Therefore the petitioners made a representation on 16.09.2019 to the Respondents 1 to 4 to pay the compensation amount and the 4th respondent also replied vide order dated Na.Ka.248/2019/A3 dated 30.09.2019 that the compensation amount will be paid.. Thereafter the petitioners also made another representation on 27.07.2022 to the respondents. However till date no compensation was paid. Hence, this writ petition is filed with the aforesaid prayer.

5. The learned counsel appearing for the petitioners submitted that the it would suffice, if this Court issues direction to the respondents herein to consider the petitioners representation dated 27.07.2022 and pass appropriate orders within a reasonable time fixed by this Court.

6. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioners representation dated 4/7

27.07.2022 will be considered by the respondent within a reasonable time fixed by this Court.

7. Considering the limited request made by the petitioners, this Court is inclined to direct the respondents herein to consider the petitioners representation dated 27.07.2022 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. With the above terms, this present writ petition is disposed of. No costs.

27.09.2022 Speaking Order : Yes/ No Index : Yes/ No smn 5/7