Janardhanan v. The Commissioner For Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.30224 OF 2019

1. Janardhanan

2. Baby

3. Govindammal

4. Prema

5. Rajendira

6. Rajarajeswari Chandrakantha (died)

7. Babu

8. Jai Samraj ... Petitioners -Vs1. The Commissioner for Land Administration, The Government of Tamil Nadu, Land Administration Department, Ezhilagam, Chennai.

2. The District Collector, Collectorate Complex, Vengikkal, Tiruvannamalai.

3. The District Revenue Officer, O/o.DRO, Collectorate Complex, Vengikkal, Tiruvannamalai.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners representation dated 08.07.2019 requesting to deposit the balance award amount as on date along with subsequent interest in LAOP.No.58 of 1988 on the file of Subordinate Court, Tiruvannamalai.

For Petitioners :

Mr.V.Prakash Babu For Respondents : Mr.G.Ameedius Government Advocate

ORDER

The Writ Petition has been filed for direction directing the respondents to consider the petitioners representation dated 08.07.2019 requesting to deposit the balance award amount as on date along with subsequent interest in LAOP.No.58 of 1988 on the file of Subordinate Court, Tiruvannamalai.

2. Heard, Mr.V.Prakash Babu, the learned counsel for the petitioners, and Mr.G.Ameedius, Government Advocate appearing for the respondents.

3. The case of the petitioners is that the property owned by the petitioner was acquired and award was passed for compensation. The said award was referred to Sub Court, Tiruvannamalai for enhanced compensation in LAOP.No.58 of 1988 and the compensation was enhanced to Rs.43,08,027/- with 30 % solatium and subsequent interest at the rate of 9% per annum for the first year and thereafter at the rate of 15% per annum till the payment from 19.09.1987. Thereafter, the respondents have not filed any appeal suit as against the judgment and decree passed in LAOP.No.58 of 1988. Even then, the respondents did not deposit the award amount and as such the petitioners filed execution petition in REP.No.214 of 1997. However, even till today, no counter has been filed and the execution proceedings is pending.

4. Considering the above, the third respondent is directed to deposit the entire compensation amount as awarded in LAOP.No.58 of 1988 on the file of the Sub Court, Tiruvannamalai within a period of four weeks from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar lok

To 1.

The Commissioner for Land Administration, The Government of Tamil Nadu, Land Administration Department, Ezhilagam, Chennai.

2.

The District Collector, Collectorate Complex, Vengikkal, Tiruvannamalai.

3.

The District Revenue Officer, O/o.DRO, Collectorate Complex, Vengikkal, Tiruvannamalai.

4.

The Subordinate Judge, Thiruvannamalai.

+1cc to Mr.V.Prakash Babu, Advocate, S.R.No.6320 W.P.NO.30224 OF 2019 PMK(CO) PBS/28/02/2022