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Madras High CourtWP/38536/2025disposed of

Santha v. The Govt Of Puducherry

2025-10-13Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY 1.Santha 2.Indira 3.Annadurai 4.Sekar 5.Rojaramani ... Petitioner Vs.

1. The Govt Of Puducherry Rep. By Its Chief Secretary, Puducherry-605 001

2. The District Collector (revenue) 1-floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry-605 009

3. The Deputy Collector (revenue) South Cum Land Acquisition Officer, Villianur, Puducherry-605001

4. The Managing Director Pondicherry Industrial Promotion, Development And Investment Corporation (pipdic), No.60, Romain Rolland Street, White Town, Puducherry-605 001 ... Respondents Prayer:

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to redetermine the compensation awarded to the petitioners lands acquired at Karasur Revenue Village in Award No.2/2008, to a sum of Rs.21,261-per are, based on the Petitioners application under Section 28A of the Land Acquisition Act 1894 dated 20.03.2019 pursuant to the enhanced compensation award passed in LAOP No.110 of 2012 on the file of II Additional District Judge, Puducherry For Petitioner : Mr.V.Rajesh Babu For Respondent : Mr.R.Sreedhar, AGP

ORDER

This writ petition has been filed to direct the 2nd Respondent to redetermine the compensation awarded to the petitioners lands, based on the Petitioners application dated 20.03.2019, pursuant to the enhanced compensation award passed in LAOP No.110 of 2012 on the file of II Additional District Judge, Puducherry.

2. Mr.R.Sreedhar, learned Additional Government Pleader, takes notice on behalf of the respondents.

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3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the subject land was acquired by the 1st respondent vide Notification dated 24.03.2005. Subsequently, the final award dated 25.01.2008 came to be passed, against which a reference application was filed for higher enhancement. Accordingly, the award was referred to LAOP Court, whereby the compensation was enhanced vide award dated 01.12.2018 passed in LAOP.No.110 of 2012. Thereafter, an application dated 20.03.2019 was filed by the petitioner to re-determine the compensation awarded by the LAOP Court. However, the said application was not at all considered by the respondent till date. Hence, this petition.

5. In reply, the learned Additional Government Pleader appearing for the respondent would submit that the petitioner's application will be 3/6

considered within a period of 8 weeks. Hence, he requests this Court to pass appropriate orders.

6. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and also perused the materials available on record.

7. In the case on hand, the subject land was acquired by the 1st respondent, for setting up of "Special Economic Zone", vide Notification dated 24.03.2005. Subsequently, the final award dated 25.01.2008 came to be passed, against which a reference application was filed for higher enhancement. Accordingly, the award was referred to LAOP Court, whereby the compensation was enhanced vide award dated 01.12.2018 passed in LAOP.No.110 of 2012. Thereafter, an application dated 20.03.2019 was filed by the petitioners to re-determine the compensation awarded by the LAOP Court. However, the said application was not at all considered by the respondent till date.

8. In view of the above, this Court directs the 2nd respondent to 4/6

consider the petitioners' application dated 20.03.2019 and dispose of the same, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

9. With the above directions, this writ petition is disposed of. No cost.

13.10.2025 Speaking/Non-speaking order Index : Yes / No nsa To

1. The Chief Secretary, Govt Of Puducherry Puducherry-605 001

2. The District Collector (revenue) 1-floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry-605 009

3. The Deputy Collector (revenue) South Cum Land Acquisition Officer, Villianur, Puducherry-605001

4. The Managing Director Pondicherry Industrial Promotion, Development And Investment Corporation (pipdic), No.60, Romain Rolland Street, White Town, Puducherry-605 001 5/6

KRISHNAN RAMASAMY.J., nsa 13.10.2025 6/6