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Madras High CourtWP(MD)/14109/2015disposed of

Lakkammal v. The State Of Tamil Nadu

2015-08-07Honourable Mr Justice R.Subbiah3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.14109 of 2015 1.Lakkammal 2.S.Muthlakshmi 3.Indira 4.Veerasundararayar 5.Suresh 6.Nagajothi 7.Seeniyammal 8.Mallakkal ... Petitioners Vs.

1.The State of Tamil Nadu, Rep. By The Principal Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai.

2.The District Collector, Theni District, Theni.

3.The District Revenue Officer, Theni District, Theni.

4.The Revenue Divisional Officer, Periyakulam, Theni District.

5.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

6.The Assistant Executive Engineer, Public Works Department, Sothuparai Project Sub-Division No.I, Periyakulam, Theni District.

...

Respondents This Writ Petition has been filed praying for a Writ of

Mandamus directing the respondents herein to release the compensation amount for the petitioners' landed property comprised in Survey Nos.1214/1, 1214/2, 1215/1A, 1222/1 and 1222/2 in an extent of 2.00.5 hectares equivalent to 5 acres and along with compensation for 158 fruit bearing coconut trees acquired for the purpose of construction of pachilai Nachiamman Dam situated at G.Kallupatti Village, Periyakulam Taluk, Theni District by refixing the compensation amount as per the procedures contemplated under the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a time frame stipulated by this Court.

For petitioner : Mr.R.R.Kannan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents herein to release the compensation amount for the petitioners' landed property comprised in Survey Nos.1214/1, 1214/2, 1215/1A, 1222/1 and 1222/2 in an extent of 2.00.5 hectares equivalent to 5 acres along with compensation for 158 fruit bearing coconut trees, acquired for the purpose of construction of Pachilai Nachiamman Dam situated at G.Kallupatti Village, Periyakulam Taluk, Theni District, by refixing the compensation amount as per the procedures contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a stipulated time.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. The case of the petitioners is that one Mr.Senrayar, is the absolute owner of the above stated landed property and the second respondent by invoking emergency provisions, had acquired the said property measuring 5.46.5 Hectares for the purpose of constructing Pachilai Nachiamman Dam at G.Kallupatti Village, Periyakulam Taluk, Theni District, by proceedings in Na.Ka.No.8786/2004/Aa2, dated 07.09.2005. During the life time of late.Senrayar, he made representation to release the compensation and he died on 07.09.2005. The petitioners are the legal heirs of late. Senrayar. The petitioners herein also have made a representation to release the compensation. But, till date no order has been passed to release the amount. Hence, the petitioners have come up with this Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for

the petitioners, the petitioners are directed to approach the respondents along with a copy of the representation, dated 03.09.2012 and a copy of this order, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to pass appropriate orders, within a period of six weeks thereafter.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar pm To 1.The Principal Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai.

2.The District Collector, Theni District, Theni. 3.The District Revenue Officer, Theni District, Theni. 4.The Revenue Divisional Officer, Periyakulam, Theni District.

5.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District. 6.The Assistant Executive Engineer, Public Works Department, Sothuparai Project Sub-Division No.I, Periyakulam, Theni District.

+one cc to M/s.RR.Kannan, Advocate in SR.No.44802. W.P(MD).No.14109 of 2015 07.08.2015 CSL 20/08/2015 3P/8C