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Madras High CourtWP/30760/2019dismissed

Balasubramaniam v. The District Collector,

2019-10-31Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :31.10.2019 Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.30760 of 2019 and W.M.P.No.30847 of 2019 Balasubramaniam .. Petitioner /versus/ 1.The District Collector, District Collector's Office Complex, Thummankurichi Post, Namakkal Taluk.

2.The Special Tahsildar(Land Acquisition), Salem-Karur Board Gauge Railway Project, District Collector's Office Complex, Thummankurichi Post, Namakkal District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay a sum of Rs.3,79,420/- as compensation, 30% solatium and 12% additional amount together with interest for the Well as per the valuation report of the Executive Engineer, P.W.D., Namakkal dated 23.08.1999, for the well acquired in the petitioner's land comprised in Survey No.24/4A sitaute at Chinnamudalaipatty Village, Namakkal Taluk & District for formation of the Salem-Karur Broad Gauge Railway line within a stipulated time as per his representation dated 13.08.2019.

For Petitioner :Mr.S.Senthil For Respondents :Mr.D.Raja, AGP for R1 and R2

O R D E R

This Writ Petition has been filed praying to issue a Writ of Mandamus directing the respondents to pay a sum of Rs.3,79,420/- as compensation, 30% solatium and 12% additional amount together with interest for the Well as per the valuation report of the Executive Engineer, P.W.D., Namakkal dated 23.08.1999, for the well acquired in the petitioner's land comprised in Survey No.24/4A situate at Chinnamudalaipatty https://hcservices.ecourts.gov.in/hcservices/

Village, Namakkal Taluk & District for formation of the SalemKarur Broad Gauge Railway line within a stipulated time as per his representation dated 13.08.2019.

2.The property of the petitioner was acquired under the Land Acquisition proceedings initiated on 02.06.1999. The Award proceedings in A.No.33/1999-2000 dated 13.06.2000 got completed in 2000 itself. Under the guise of the representation of the petitioner dated 13.08.2019, after lapse of 19 years, the petitioner seeks for enhanced compensation.

3. In view of the long delay and laches, the petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar Ari To 1.The District Collector, District Collector's Office Complex, Thummankurichi Post, Namakkal Taluk.

2.The Special Tahsildar(Land Acquisition), Salem-Karur Board Gauge Railway Project, District Collector's Office Complex, Thummankurichi Post, Namakkal District.

+1cc to Mr. S.Senthil, Advocate, S.R.No. 90131 +1cc to the Government Pleader, S.R.No. 90737 W.P.No.30760 of 2019 PM(CO) GN(25/11/2019) https://hcservices.ecourts.gov.in/hcservices/