Counasegarane v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 28817 of 2019 Counasegarane ... Petitioner -vs1. Union of India, Rep. by the Secretary to Government, Revenue Department, Government of Pondicherry, Pondicherry.

2. The Revenue Officer cum Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to pay interest to the Petitioner in accordance with the provisions of the Land Acquisition Act in respect of the acquisition of lands comprised in R.S. No. 101/2 measuring an extent of 0.12.50 hectares at Pillachavadi Village, Pondicherry.

For Petitioner :

Ms. Usha Ramman For Respondents:

Mr. D. Ravichander, Additional Government Pleader(P)

O R D E R

Heard Ms. Usha Ramman, Learned Counsel for the Petitioner and Mr. D. Ravichander, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

This Court during the earlier hearing on 18.12.2019 had passed the following self-explanatory order:- 1/3

"2. Learned Counsel for the Petitioner submits that persons who are similarly placed to the Petitioner had filed Writ Petitions in W.P. No. 36827 of 2004 etc., batch, seeking interest for compensation and this Court by common order dated 14.09.2018 directed them to approach the Second Respondent and file a detailed representation along with calculation memo regarding their entitlement to interest and that the Second Respondent was required to consider the same and pass suitable orders on merits and in accordance with law after affording opportunity to them.

3.

In view of the same, the Petitioner in this Writ Petition shall submit his representation along with a calculation memo for entitlement of interest to the Second Respondent by 10.01.2020 and on its receipt, the Second Respondent shall fix a date for conducting enquiry giving notice to the Petitioner and after affording full opportunity of hearing, shall pass reasoned orders on merits and in accordance with law and communicate the decision taken under written acknowledgement and report of the compliance in that regard shall be filed on the next hearing. " When the matter is taken up for hearing today, Learned Additional Government Pleader appearing for the Respondents states that the Second Respondent has passed order No. 28817/CULAW/DSE/LA/2020 dated 10.02.

2020 in compliance of the aforesaid order and a copy of the same has been produced. Learned Counsel for the Petitioner acknowledges its receipt. It is further informed that the payment due to the Petitioner would be paid by 30.04.2020. In view of the aforesaid subsequent events, nothing remains for further consideration in this Writ Petition.

3.

Accordingly, the Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vjt 2/3

To

1. The Secretary to the Government of India, Revenue Department, Government of Pondicherry, Pondicherry.

2. The Revenue Officer cum Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry.

+1 cc to M/s.Usha Raman Advocate sr12861 +1 cc to the Government Pleader (P) High Court Madras sr12589 W.P. No. 28817 of 2019 aa17/04/2020 3/3