Mahalingam v. The Secretary To Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34153 of 2022 Mahalingam ....
Petitioner -Vs1.The Secretary to the Government of Tamil Nadu, Transport Department Secretariat, Fort St.George, Chennai 600 009. 2.The District Collector Coimbatore District, Coimbatore.
3.The District Revenue Officer (L.A) Airport Runway Extension, Coimbatore.
4.The Special Tahsildar (L.A.) Unit-I, Airport Runway Extension Coimbatore.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to disburse the interest for the petitioner acquired land situated at Irugur Village Sulur Taluk Coimbatore District bearing patta No.1555 Comprised in S.F. No.26/6 part measuring an extent of 59.67 cent or 2415 sq.mtr as per section 12 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997 and consider his representation dated 19.08.2022.
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For Petitioner : Mr.G.Saravanabhavan for Mr.Gnanadesikan Law Associates For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to disburse the interest for the petitioner acquired land situated at Irugur Village Sulur Taluk Coimbatore District bearing patta No.1555 Comprised in S.F. No.26/6 part measuring an extent of 59.67 cent or 2415 sq.mtr as per section 12 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997 and consider his representation dated 19.08.2022.
2. The petitioners land was acquired under the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (In short 'the Act') sometime in 2013. However, the compensation has been paid to the petitioner only in the year 2022. Therefore, in order to get interest for the belated payment of compensation within the meaning of Section 12 of the said Act, the petitioner has given a representation on 19.10.2022 to the respondents. Since the same has not been considered, the petitioner has moved the present writ petition.
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3. Reiterating the aforesaid, Mr.G.Saravanabhavan learned counsel for the petitioner seeks the indulgence of this Court.
4. Heard Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents, who would submit that, if there is belated payment of compensation between the years 2013 and 2022, that would be looked into and in this regard the representation given by the petitioner dated 19.08.2022 would be considered and orders would be passed within a time frame that may be stipulated by this Court.
5. Having regard to the said submission made by the learned Additional Government Pleader, this Court is inclined to dispose of this writ petition with the following order.
"That there shall be a direction to the respondents 3 and 4 to consider the representation of the petitioner dated 19.08.2022 and pass necessary orders thereon with regard to the plea of the petitioner to get interest for the belated payment of compensation within a period of eight weeks from the date of receipt of a copy of this order." 3 / 4
R. SURESH KUMAR, J.
KST
6. With the above directions, this writ petition is disposed of. No costs. 21.12.2022 Index : Yes/No Internet : Yes/No KST To 1.The Secretary to the Government of Tamil Nadu, Transport Department Secretariat, Fort St.George, Chennai 600 009. 2.The District Collector Coimbatore District, Coimbatore.
3.The District Revenue Officer (L.A) Airport Runway Extension, Coimbatore.
4.The Special Tahsildar (L.A.) Unit-I, Airport Runway Extension Coimbatore.
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