A.J.Vasanthi Asir v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.25819 of 2022 A.J.Vasanthi Asir ... Petitioner Vs.
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Joint Commissioner III (LA-I), Ezhilgam, Chepauk, Chennai - 600 005.
3.The Managing Director, SIPCOT Head Office, No.19-A Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
4.The Special District Revenue Officer, (A), SIPCOT Sriperumbudur & Oragadam Expansion Scheme, Pillaipakkam, Sriperumpudur, Kancheepuram District - 602 105.
5.The Special Tahsildar (LA), SIPCOT, Unit-3, Sriperumbudur Expansion Scheme 2, Pillaipakkam, Sriperumpudur, Kancheepuram District - 602 105.
... Respondents Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to dispose of the petitioner's representation dated 16.06.2022 and pay interest, solatium and interest on solatium with all statutory benefits for the lands acquired from the petitioner.
For Petitioner :
Mr.M.Ramesh For Respondents 1 to 3 :
Mr.U.Bharanidharan, Additional Government Pleader For Respondents 4 & 5 :
Mr.K.M.D.Mugilan Government Advocate
O R D E R
By consent of both the parties, this writ petition is taken up for final disposal in the admission stage itself.
2. The petitioner has filed this petition seeking direction to the respondents to dispose of the petitioner's representation dated 16.06.2022 and pay interest, solatium and interest on solatium with all statutory benefits for the lands acquired from the petitioner.
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3. The case of the petitioner is that the petitioner has purchased a vacant land of an extent of about 14040 Sq.ft, comprised in Survey No.247/7 Vallam Village, Sriperumpudur Taluk from Ms.B.Vasuki by way of Sale Deed dated 21.02.2012. In the year 2013, SIPCOT acquired the subject property for its establishment and agreed to pay a compensation of Rs.250 per sq.ft. within a period of three months from the date of acquisition. Immediately thereafter, the petitioner submitted a original Sale Deed, patta and all other title documents before the fifth respondent. Despite handing over all the documents, no steps were taken to release the payment of compensation. This being the case, SIPCOT has issued the compensation to the petitioner after a period of about seven years and three months from the date of acquisition i.e., 06.07.
2020, without issuing any interest, solatium and interest on solatium. Aggrieved over the same, the petitioner made a representation dated 16.06.2022 before the respondents seeking interest, solatium and interest on solatium with other statutory benefits for the acquired subject property, however, till date, no order was passed by the respondents. Hence, this writ petition.
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4. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to dispose of the petitioner's representation dated 16.06.2022 and pay interest, solatium and interest on solatium with all statutory benefits for the lands acquired from the petitioner and pass orders on merits within a particular time frame to be fixed by this Court.
5. The learned Special Government Pleader and Government Advocate appearing for the respondents submitted that he has no objection for the said order being passed.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 16.06.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of Page No.4 of 7
hearing to the petitioner as well as aggrieved persons if any, within a period of four weeks from the date of receipt of a copy of this order.
8. With the above observation and direction, this Writ Petition is disposed of. No costs.
23.09.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Joint Commissioner III (LA-I), Ezhilgam, Chepauk, Chennai - 600 005.
3.The Managing Director, SIPCOT Head Office, No.19-A Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
4.The Special District Revenue Officer, (A), SIPCOT Sriperumbudur & Oragadam Expansion Scheme, Page No.5 of 7
Pillaipakkam, Sriperumpudur, Kancheepuram District - 602 105.
5.The Special Tahsildar (LA), SIPCOT, Unit-3, Sriperumbudur Expansion Scheme 2, Pillaipakkam, Sriperumpudur, Kancheepuram District - 602 105.
M.DHANDAPANI,J.
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