Madras High CourtWP(MD)/8070/2019disposed of

Sundaravimalnathan, v. The Government Of Tamil Nadu

2021-03-31Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)No.6375 of 2019 Sundaravimalnathan : Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary, Chennai.

2.The Engineer in Chief, Water Resources Department, Chennai - 5.

3.The Chief Engineer, Plan Formulation, Water Resources Department, Chennai - 5.

4.The District Collector, Thanjavur.

5.The District Collector, Nagapattinam.

6.The District Collector, Cuddalore.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay compensation according to the Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to the farmers for the land to be acquired for the construction of Barrage with bridges and head sluices across the river coleroon in Cudallore, Nagapattinam, Thanjavur Districts at RD 74/3 mile as per G.O.Ms.No.83, Public Works (Q2) Department, dated 28.03.2018.

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For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mrs.J.Padmavathi Devi Special Government Pleader *****

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Heard the learned Counsel appearing for the respective parties.

2. It appears that private lands were taken over and constructions were made, without paying the compensation. Under these circumstances, the petitioner has come forward to file this writ petition.

3. The learned Special Government Pleader, on instructions, submitted that compensation could not be paid in view of the ongoing election process for the Parliament. In fact, now, we are dealing with the Assembly Elections. Perhaps, the same situation would continue. However, the same cannot be a ground to decline the process of negotiation and payment of compensation, despite utilizing the private land.

4. In such view of the matter, the respondents 2 to 6 are directed to conclude the process of private negotiation with the land owners and settle the same, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T & P) // True Copy // / /2021 Sub Assistant Registrar(CS ) To 1.The Secretary to Government, State of Tamil Nadu, Chennai.

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