Viswanathan, v. The Special Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017 CORAM :

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH WRIT PETITION No.43466 of 2016 1.Viswanathan

2. Smt.Amudha

3. Rasakkannu

4. Saroja

5. Kaliamoorthy

6. Manipadayachi

7. Balusamy,

8. Rajendran

9. Krishnamoorthy

...Petitioners

Vs.

1. The Special Tahsildar, (Land Acquisition), Jayakondam Lignite and Thermal Power Project, Jayangkondam, Ariyalur District.

2. The Managing Director, Tamil Nadu Industrial Development Corporation, Egmore, Chennai - 600 008.

3. The Chairman, Neyveli Lignite Corporation Limited, Neyveli, Cuddalore District.

...Respondents

Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus or order or direction in the nature of a writ or any other appropriate writ directing the respondents to pay the enhanced compensation amount payable to the petitioners complying with the orders dated 24.07.2015 made in LAOP No.2668 of 2008, dated 19.06.2015 made in LAOP No.4074/2008, dated 20.01.2015 made in LAOP No.420/2010, dated 11.10.2014 made in LAOP No.3508 of 2008 pertaining to the 1st petitioner, dated 12.02.2015 made in LAOP No.31 of 2013 pertaining to the 2nd petitioner, dated 20.11.2015 made in LAOP No. 98/2013 pertaining to the 3rd petitioner dated 09.02.2016 made in LAOP No.427 of 2010, dated 24.07.2015 made in LAOP No.884 of 2013 pertaining to the 4th petitioner dated 29.10.2014 made in LAOP No.1697 of 2008, dated 29.10.2014 made

in LAOP No. 2150 of 2008 dated 24.07.2015 made in LAOP No.702/2013 pertaining to the 5th petitioner, dated 29.01.2016 made in LAOP No.5146 of 2008, dated 29.01.2016 made in LAOP No.5458 of 2008 dated 29.01.2016 made in LAOP No.5128/2008 pertaining to the 6th respondent dated 28.01.2016 made in LAOP No.4076 of 2008 dated 28.01.2016 made in LAOP No. 4020 of 2008 pertaining to the 7th petitioner, dated 20.01.2015 made in LAOP No 4036 of 2008 pertaining to the 8th petitioner dated 14.08.2015 made in LAOP No.539 of 2008 pertaining to the 9th petitioner, all passed by the Special Court Nos.1,2 and 3, Jayankondam, within a stipulated time.

For Petitioners : Mr. T.Prabakran For Respondents : Mr.K.Dhananjeyan-for R1 Special Government Pleader Mr.M.Vijayan for M/s.King Patridge-for R2 Mr.N.Nithianandam - for R3

O R D E R

This writ petition has been filed on the premise, that respondent No.3, who also had a role in the project, had deposited a sum of Rs.500,00,00,000/- (Rupees Five Hundred Crores Only).

2.The learned counsel for the 2nd and 3rd respondents submitted that the respondent No.3 has gone out of the project and factually, it is not correct to state that a sum of Rs.500,00,00,000/- (Rupees Five Hundred Crores Only) has been deposited.

3.In such view of the matter, the only remedy available to the petitioners is to file an execution petition before the Reference Court, especially in view of the stand taken by the respondents that in some cases appeals have been filed and the appeals are contemplated as judgment copies are yet to be received.

4.Accordingly, this writ petition is closed, giving liberty to the petitioner to file an execution petition. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

1. The Special Tahsildar, (Land Acquisition), Jayakondam Lignite and Thermal Power Project, Jayangkondam, Ariyalur District.

2. The Managing Director, Tamil Nadu Industrial Development Corporation, Egmore, Chennai - 600 008.

3. The Chairman, Neyveli Lignite Corporation Limited, Neyveli, Cuddalore District.

+1cc to Mr.T.P.Prabakaran, Advocate Sr.18423 +1cc to Mr.N.Nithianandam, Advocate Sr.18394 +1cc to Mr.King & Partridge, Advocate Sr.18188 +1cc to the Government Pleader Sr.18801 W.P.No.43466 of 2016 sks[co] srg 7/4/2017