K.Govindasamy v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8022 of 2017 K.Govindasamy, President, Vaigai Kiruthumal River Irrigation Agriculturists Association Thiruppuvanam-630 611.
... Petitioner Vs.
1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Chief Engineer, Public Works Department (Water Source Organisation), Madurai Zone, Tallakulam, Madurai - 625 002.
4.The Executive Engineer, Irukkangudi Water Reservoir Division, Public Works Department (Water Source Organisation), Virudhunagar.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent i.e. The Principal Secretary to Government, Public works Department, Chennai to pass appropriate orders on the petitioner's representation dated 06.11.2015 and on the letter No.R.C.C1/8157/1994 dated 15.04.2016 of the District Collector, Sivagangai regarding sanction of the remaining amount of compensation intended to the affected Agriculturists within a specified time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.T.S.Md.Mohideen, A.G.P. For RR1 to 3
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition has been filed on behalf of the agriculturists, who are aggrieved by the non payment of compensation for acquisition of lands made in S.F.No.54/1A etc. measuring an extent of 5.21.5 Hectares in Ambalathadi village of Thiruppuvanam Taluk of Sivagangai District. The acquisition was for the formation of main irrigation channel from Ambalathadi Dam. Administrative permission was accorded for acquiring the lands from the Agriculturists for the said purpose. Even though the lands were acquired, compensation has not yet been disbursed. In this regard, the District Collector organised a meeting with the Agriculturists in question and the compensation amount was determined. Based on the same, the second respondent herein sent a letter No.Do.RC.C1/8157/91 dated 08 February 2016 to the first respondent requesting sanction of the requisite funds. Even though more than 17 months have been gone by, the first respondent is yet to take a decision in the matter.
2.This is unfortunate. The acquisition proceedings had taken place quite sometime back. In matters such as this, the compensation payable to the land owners must be disbursed without any delay. In this case, the land owners happen to be agriculturists. Therefore, the first respondent should have speedily disposed of the matter.
3.We therefore, direct the first respondent to sanction funds as requested by the second respondent by letter No. Do.RC.C1/8157/91 dated 08 February 2016 within two months from the date of receipt of a copy of this order. Whatever the compensation amount that has to be paid to the affected agriculturists will have to be sanctioned within the said period of two months.
4.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Chief Engineer, Public Works Department (Water Source Organisation), Madurai Zone, Tallakulam, Madurai - 625 002.
4.The Executive Engineer, Irukkangudi Water Reservoir Division, Public Works Department (Water Source Organisation), Virudhunagar.
+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.69717 +1cc to Mr.S.VISVALINGAM Advocate in SR. No.68801 SKM/ARUL JS/JC/SAR.1/9.8.2017/3P-7C W.P(MD)No.8022 of 2017 31.07.2017