M. Poomalai v. The Special District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.32005 of 2022 M.Poomalai .... Petitioner -Vs1.The Special District Revenue Officer (Land Acquisition) The Competent Authority Land Acquisition National Highways-68, Room No.414 4th Floor, Collector Office Building Salem 636 001.

2.The Project Officer National Highways Authority of India-68 Salem.

.. 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 statutory entitlement namely solatium and interest till the day of payment to the petitioner for the land acquired by the respondents in Survey No.215/3, 216/1 and 219/3 at Chinnasalem Village, Kallakurichi District for widening of National Highways 68 in the light of judgment of Hon'ble Supreme court of India in the matter of Union of India and Another .vs. Tarsem singh and others in Civil appeal No. 7064 of 2019 dated 19.09.2019 by considering petitioner's representation dated 16.09.2022 within time frame.

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For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.P.Kumaresan Additional Advocate General Asst.by Mr.P.Sathish Additional Government Pleader for R1 Mr.Su.Srinivasan Standing Counsel for R2

ORDER

This writ petition has been filed for a direction to the respondents to disburse the solatium and interest as per the judgement of the Apex Court in Union of India and Another .Vs. Tarsem Singh and others reported in 2019(9) SCC by considering the representation made by the petitioner on 16.09.2022. 2.Heard Mr.R.Nalliyappan, learned counsel for the petitioner, Mr.P.Kumaresan, learned Additional Advocate General for R1 and Mr.Su.Srinivasan, learned Standing Counsel for R2.

3.The issue involved in the present writ petition is squarely covered by the earlier orders passed by this Court following the judgement of the Apex Court in Tarsem Singh case. Useful reference can be made to one of the order passed by this Court in Etti Gounder .Vs. District Collector, Namakkal District and Others reported in 2021 6 CTC 618.

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4.Recently, a clarification was sought for before the Apex Court by the NHIA and the said clarification petition also came to be dismissed by the Apex Court by order dated 04.02.2025 and thereby confirming the directions issued in Tarsem Singh case. In view of the above, there shall be a direction to the respondents to disburse the solatium and interest in accordance with the directions issued in Tarsem Singh case to the petitioner, within a period of eight (8) weeks from the date of receipt of copy of the order.

5.This writ petition is disposed of with the above directions. No costs. 01.04.2025 Index : Yes/No NCS : Yes/No KP To 1.The Special District Revenue Officer (Land Acquisition) The Competent Authority Land Acquisition National Highways-68, Room No.414 4th Floor, Collector Office Building Salem 636 001.

2.The Project Officer National Highways Authority of India-68 Salem.

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N.ANAND VENKATESH, J.

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