Prakash.S v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.2761 of 2021 1.S.Prakash 2.B.Bharathi Manimaran 3.J.Karthick 4.N.Mahalakshmi 5.V.S.Ravindran 6.K.Shanmugam 7.K.Sivasampath 8.S.Soornalatha 9.C.Srinivasan 10.T.J.Sriramlal 11.P.Suresh Kumar 12.V.A.Thilakraj ... Petitioners Vs 1/5
1.The Government of Tamil Nadu, Represented by the Principal Secretary, Department Revenue Administration, Fort St.George, Secretariat, Chennai - 600 009.
2.The District Collector Cum Land Acquisition Officer, O/o. The District Collector, Tuticorin District, Tuticorin.
3.The Special Tahsildar (Land Acquisition), Airport Authority, Tuticorin District, Tuticorin.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the secopnd respondent to provide a compensation to the petitioners under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within the prescribed by this Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Prakash, Additional Government Pleader.
ORDER
Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents. 2/5
2. The lands belonging to the writ petitioners were acquired in the year 2010. However, till date, not even a single paisa was paid towards compensation which led to filing of the Writ Petition. The District Collector, Thoothukudi has filed a counter affidavit in which it has been stated that the interim compensation has already been deposited to the credit of LAOPNo. 36/2017 on the file of Sub Court Thoothukudi. It is also stated that the steps have been taken for determining the final compensation amount and that proposal have been sent to the Government for sanction of funds. It is undertaken that the compensation amount would be disbursed to the petitioner and others land owners at the earliest.
3. In this Writ Petition, the Government is also a party. Therefore, I direct the respondents to ensure that the amount payable to the petitioner is paid within a period of twelve (12) weeks from the date of receipt of a copy of this order. If there is any dispute regarding the apportionment or quantum, the amount can very well be deposited in the jurisdictional Court so that the contesting parties can work out their right accordingly. 3/5
4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
29.08.2022 Index : Yes / No Internet : Yes/ No Nsr To 1.The Principal Secretary, The Government of Tamil Nadu, Department Revenue Administration, Fort St.George, Secretariat, Chennai - 600 009.
2.The District Collector Cum Land Acquisition Officer, O/o. The District Collector, Tuticorin District, Tuticorin.
3.The Special Tahsildar (Land Acquisition), Airport Authority, Tuticorin District, Tuticorin.
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G.R.SWAMINATHAN, J.
Nsr 29.08.2022 5/5