B.Emmanuel v. The District Collector/ Arbitrator,
In the High Court of Judicature at Madras Dated : 07.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition Nos.40059, 40062 & 40063 of 2024 B.Emmanuel
...Petitioner in
WP.No.40059 of P.X.Babukumar
...Petitioner in
WP.No.40062 of T.Peter Paul
...Petitioner in
WP.No.40063 of Vs 1.The District Collector/ Arbitrator, Kanchipuram.
Kanchipuram District.
2.The Competent Authority & Special District Revenue Officer (LA), National Highways, Kanchipuram District.
...Respondents in
all the WPs PETITIONS under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose of the appeals filed by the petitioners all dated 18.10.2021 before th first respondent within the time frame fixed by this Court. 1/5
For Petitioners :
Mr.A.Saravanan For Respondents :
Mr.M.R.Gokul Krishnan, AGP COMMON ORDER Seeking a direction to the first respondent to dispose of their individual appeals all dated 18.10.2021, the petitioners are before this Court.
2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader accepting notice for the respondents.
3. The case of the petitioners is as follows : (i) The father of petitioner in W.P.No.40059 of 2024 purchased the properties measuring 40 cents in S.No.306/2A, 32 cents in S.No. 306/10 and 26 cents in S.No.306/6A, Molachur Village, Sriperumbudur Taluk, Kanchipuram under a sale deed dated 12.1.1984 registered as doc.No.199 of 1984 from one Mr.Anthaiya Naidu. Ever since the date of purchase, the petitioner and his family members were in possession and enjoyment of the same.
(ii) The petitioner in W.P.No.40062 of 2024 is the owner of the properties measuring 25 cents in S.No.40/5, 22 cents in S.No.279/2B, 37 cents in S.No.322/1B, measuring 1.02 acres in S.No.287/1A, 25 2/5
cents in S.No.296/2, Molachur Village, Sriperumbudur Taluk, Kanchipuram. The said properties were acquired by him under various registered sale deeds. Ever since the date of purchase, the petitioner and his family members were in possession and enjoyment of the same.
(iii) The father of petitioner in W.P.No.40063 of 2024 purchased the properties measuring 26 cents in S.No.306/6A, 41 cents in S.No. 296/3 and 26 cents in S.No.306/5B, Molachur Village, Sriperumbudur Taluk, Kanchipuram. Ever since the date of purchase, the petitioner and his family members were in possession and enjoyment of the same.
(iv) A large extent of land including a part of the subject lands was acquired by the Land Acquisition Officer concerned for Bangalore Chennai Expressways Unit 3 Project. Ultimately, an award was passed by the second respondent on 27.3.2021/12.3.2021, as the case may be, fixing compensation for the lands acquired. During the pendency of the acquisition proceedings, the original owners died and their legal heirs received the compensation amount under protest. (v) Not satisfied with the compensation awarded by the second respondent, the petitioners, as the land owners/legal heirs of the original land owners, filed appeals dated 18.10.2021 to the first 3/5
respondent seeking to enhance the compensation amount. As the same have not been considered, the petitioners have come forward with this writ petition.
4. Hence, without going into the merits of the case, the writ petitions are allowed and a Mandamus is issued to the first respondent to consider the appeal petitions filed by the petitioners all dated 18.10.2021 and pass appropriate orders. The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. The learned Additional Government Pleader is entitled to separate fees in each of the cases. 07.1.2025 To 1.The District Collector/ Arbitrator, Kanchipuram.
Kanchipuram District.
2.The Competent Authority & Special District Revenue Officer (LA), National Highways, Kanchipuram District.
RS 4/5
P.T.ASHA,J RS 07.1.2025 5/5