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Madras High CourtWP/27760/2024allowed

D.L.Vasantha Kumar v. The Special Tahsildar

2024-11-05Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :05.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.27760 of 2024 D.L.Vasantha Kumar ... Petitioner Vs

1. The Special Tahsildar, Land Acquisition SIPCOT, Oragadam Expansion Scheme, Unit II Sriperumbudur, Kancheeputam District.

2. The District Collector, District Collectorate Campus, Kancheepuram District

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus direct the 1st respondent to disburse the interest accrued from date of acquisition of land viz., 16.04.2007 till 18.03.2022 on the award of compensation amount of Rs.8,35,313/- pursuant to the representation of the petitioner dated 21.04.2022, to the petitioner.

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For Petitioner :

Mr.V.Pavel For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed for a mandamus to issue a direction to the 1st respondent to disburse the interest accrued from the date of acquisition of land viz., 16.04.2007 till 18.03.2022 on the award of compensation amount of Rs.8,35,313/- pursuant to the representation of the petitioner dated 21.04.2022, to the petitioner.

2. The land of the petitioner was acquired for the expansion of SIPCOT Industrial area. The 1st respondent has passed an award in Award No.19 of 2007 for a sum of Rs.8,35,313/-. The petitioner would submit that, though the possession of the property was taken on 2/5

16.04.2007, the amount was deposited only in the year 2022. He had received the amount with objections. The petitioner would further submit that he is entitled to interest from the date of acquisition of his land till the date of deposit. Therefore, he had submitted a representation on 21.04.2022, calling upon the respondents 1 and 2 to disburse the amount of interest on the compensation amount of Rs.8,35,313/- from 16.04.2007 till 18.03.2022, when the same was deposited. The said request is yet to be considered. Therefore, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Taking into account the fact that the land of the petitioner had been acquired as early as on 16.04.2007 and the deposit of the amount has been made only on 18.03.2022, the petitioner is entitled to interest for the said period i.e, from 16.04.2007 till 18.03.2022. Therefore, this Writ Petition is allowed and a mandamus is issued to 3/5

the 1st respondent to consider the representation of the petitioner dated 21.04.2022 and pass orders calculating the interest payable within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

05.11.2024 Index: Yes/No Speaking order/non-speaking order srn To

1. The Special Tahsildar, Land Acquisition SIPCOT, Oragadam Expansion Scheme, Unit II Sriperumbudur, Kancheeputam District.

2. The District Collector, District Collectorate Campus, Kancheepuram District 4/5

P.T.ASHA, J., srn W.P.No.27760 of 2024 05.11.2024 5/5