Sulochana Raj Narayanan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.29806 of 2018 and W.M.P.No.34782 of 2018 Sulochana Raj Narayanan

...Petitioner

Vs.

1.The Tahsildar Tambaram Taluk, Taluk Office Building, 1st Floor, GST Road, Tambaram, Chennai 600 045.

2.The Collector, Kancheepuram District, Thaiyarkullam,Kancheepuram 631 501.

3.The Secretary to the Government Department of Revenue, Government of Tamil Nadu, Fort St. George, Chennai.

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the interim compensation amount of Rs.43,66,793/- (as per award No.12/2011, file No.16832/2009/F1 dated 15.09.2011) along with the Solatium at 100% and interest as per Sections 27 & 28 read with Schedule I of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

For Petitioner : Mr.P.B.Sampathkumar For Respondents : Mr.C.Thirumaran Special Government Pleader

O R D E R

This petition has been filed by the petitioner, seeking a direction to the respondent to pay the interim award amount of Rs.43,66,793/- directly to the petitioner after complying with all statutory formalities instead of depositing the same till the disposal of the writ petition.

2. The grievance of the petitioner is that while passing the award, the respondent did not follow the principles laid down under Act 30 of 2013. Hence, the present petition has been https://hcservices.ecourts.gov.in/hcservices/

filed seeking for disbursement of the award amount without prejudice to his right.

3. The learned counsel for the respondent, on instructions, submitted that, since the petitioner did not appear before the first respondent and produce the materials to establish his right over the property, no steps have been taken to disburse the amount.

4. Considering above submission, the petitioner is directed to appear before the first respondent and produce the necessary documents to establish his title over the property within a period of two weeks from the date of the receipt of the copy of this order. On submitting those documents, the first respondent is directed to consider the same, and in the event of the petitioner establishing his title over the property disburse the amount, within a period of four weeks thereafter.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dna To 1.The Tahsildar Tambaram Taluk, Taluk Office Building, 1st Floor, GST Road, Tambaram, Chennai 600 045.

2.The Collector, Kancheepuram District, Thaiyarkullam, Kancheepuram 631 501.

3.The Secretary to the Government Department of Revenue, Government of Tamil Nadu, Fort St. George, Chennai.

+2ccs to Mr.P.B.Sampathkumar, Advocate, S.R.No.79926 W.P.No.29806 of 2018 and W.M.P.No.34782 of 2018 RSI(CO) rrs 29/11/2018 https://hcservices.ecourts.gov.in/hcservices/