Madras High CourtWP/25819/2018disposed of

M.Elumalai v. The Secretary To Government

2018-10-10Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.25819 of 2018 M.Elumalai ... Petitioner ..Vs..

1.The Secretary to Government, Industrial Department, 2.The Secretary to Government, Finance Department, 3.The Managing Director, SIPCOT, Egmore, Chennai - 600 008.

4.The District Collector, Kancheepuram District.

5.The Special Tahsildhar (L.A), SIPCOT, Unit - II, Sriperumbudur Expansion Scheme - II, Sriperumbudur, Kancheepuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to disburse to the interest for the amount of compensation awarded from the date of acquisition of the petitioner's lands as per Section 12 of the Tamil Nadu Acquisition of Lands for Industrial Purpose Act, 1997 (Act No. 10 of 1999).

For Petitioner : Mr.M.Karthik For Respondents : Mr.M.Elumalai, Government Advocate

O R D E R

This writ petition has been filed seeking a direction to the respondents 4 and 5 to pay interest under Section 12 of the Tamil Nadu Acquisition of Lands for Industrial Purpose Act, 1997 for the compensation paid to the petitioner.

2. The grievance of the petitioner is that the petitioner's land was acquired for establishing SIPCOT at Sriperumbudur and possession was taken on 07.05.2012. Subsequently, award has been passed on 10.04.2018. While passing the award, the interest payable under Section 12 of the Act, was not paid. Hence, he made a representation to the respondents 4 and 5. But so far no order has been passed. Hence, the present writ petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. Considering the limited prayer sought in the writ petition, without going into the merits of the case, the 5th respondent is directed to consider the petitioner's representation dated 07.09.2018 and pass suitable orders on merits and in accordance with law, after giving opportunity to the petitioner, within six weeks from the date of receipt of a copy of this order.

4.With the above directions, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar mrp/mbi To 1.The Secretary to Government, Industrial Department,

2.The Secretary to Government, Finance Department, 3.The Managing Director, SIPCOT, Egmore, Chennai - 600 008.

4.The District Collector, Kancheepuram District.

5.The Special Tahsildhar (L.A), SIPCOT, Unit - II, Sriperumbudur Expansion Scheme - II, Sriperumbudur, Kancheepuram.

+1 CC to Mr.M.Karthik, Advocate sr 69987.

+1 CC to Govt. Pleader sr 71138.

W.P.No.25819 of 2018 VBA(CO) SP(29/11/2018)