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Madras High CourtWP(MD)/17464/2019disposed of

V.Arumugam v. The District Collector

2020-08-12Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) Nos.17464 to 17466 and 17468 to 17470 of 2019 V.Arumugam ... Petitioner in WP(MD).17464 of 2019 A.Jeyanthi ... Petitioner in WP(MD). 17465 of 2019 R.Swaminathan ... Petitioner in WP(MD). 17466 of 2019 R.Swaminathan ... Petitioner in WP(MD). 17468 of 2019 R.Moses Daniel ... Petitioner in WP(MD). 17469 of 2019 S.Sivagurunathan ... Petitioner in WP(MD). 17470 of 2019 Vs 1.The District Collector, Madurai District, Madurai - 625 020.

2.The Special Tahsildar (LA), Airport Extension Office Unit - I, Madurai 625 020.

...Respondents in all WPs

PRAYER In W.P.(MD) No.17464 of 2019 :

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the the 1st respondent to refer the petitioner's petition dated 08.07.2019 U/s. 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and Tamil Nadu Act 10 of 1999 to this Court to determine the enhanced compensation for acquisition of the land in S.No. 457/1A11, in Plot No. F-2, measuring to an extent of 1521 sq ft., situated at Ayanpappakudi Village.

Prayer in WP(MD). 17465 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to Directing the 1st respondent to refer petitioner's petition dated 08.07.2019 U/s-8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 to the Honourable Court to determine the enhanced compensation for the acquisition of petitioner's land in Survey No. 457/1A11, in Plot No. F-3, an extent of 1521 sqft., of Village Ayanpappakudi Prayer in WP(MD). 17466 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to Directing 1/4

the 1st respondent to refer petitioner's petition dated 08.07.2019 U/s-8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 to the Honourable Court to determine the enhanced compensation for the acquisition of his land in Survey No. 457/1A11, in Plot No. E-23, an extent of 3600 sqft., of Ayanpappakudi Village Prayer in WP(MD). 17468 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to Directing the 1st respondent to refer petitioner's petition dated 08.07.2019 U/s-8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 to the Honourable Court to determine the enhanced compensation for the acquisition of his land in Survey No. 457/1A11, in Plot No.2 and 3 an extent of 3900 sqft., of Village Ayanpappakudi Prayer in WP(MD). 17469 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to Directing the 1st respondent to refer petitioner's petition dated 15.07.2019 U/s-8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 to the Honourable Court to determine the enhanced compensation for the acquisition of his land in bearing new Survey No..320/2A1, 3A2 42, 34 and 39, in Plot No. 8 and 9, an extent of 3996 sqft., of Perunkudi Village, Prayer in WP(MD). 17470 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to Directing the 1st respondent to refer petitioner's petition dated 22.07.2019 U/s-8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 to the Honourable Court to determine the enhanced compensation for the acquisition of his land in Plot No. 10, new Survey No. 320/2A1, 3A2A2, 34 and 39 of Perunkudi Village For Petitioner : Mr.A.Haja Mohideen in all WPs For Respondents : Mr.M.Rajarajan Government Advocate in all WPs COMMON ORDER These Writ Petitions are filed to direct the the 1st respondent to refer the petitioners' petitions dated 08.07.2019, 15.07.2019 and 22.07.2019 respectively, which were filed under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999, to the competent Court to 2/4

determine the enhanced compensation for acquisition of the lands of the respective petitioners.

2.In all these writ petitions, the respective petitioners are the land owners, whose lands had already been acquired under the Tamilnadu Acquisition of Land for Industrial Purposes Act, 1997, Tamil Nadu Act 10 of 1999 (herein after referred to as Act). For the aforesaid acquisition, an award towards compensation was passed to the petitioners and aggrieved over the aforesaid award with regard to the quantum of compensation, the petitioners made petitions under Section 8 of the Act before the respondents with the relief sought for in the prayer. So far, no action has been taken by the respondents. Hence, the petitioner is before this Court.

3.The learned counsel appearing for the petitioners would submit that a similar request made by the third parties has been considered by this Court in W.P.(MD) Nos.13427 to 13439 of 2019. 4.The learned Government Advocate appearing for the respondents would submit that the respective petitions filed by the petitioners would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.Considering the limited scope of the prayer sought for in all these writ petitions and after hearing the learned respective counsels on either side, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- the 1st respondent / the District Collector, Madurai District, Madurai, is hereby directed to take up the respective petitions filed by the petitioners herein under Section 8 of the Act and act upon thereon, by referring the matter to the competent Court for enhancement of compensation in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order;

6.These Writ Petitions are disposed of, with the above direction. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 3/4

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai - 625 020.

2.The Special Tahsildar (LA), Airport Extension Office Unit - I, Madurai 625 020.

+1 CC to M/s.GP ( SR-13985[F] dated 13/08/2020 ) W.P.(MD) Nos.17464 to 17466 and 17468 to 17470 of 2019 12.08.2020 SR(CO) TR(26.08.2020) 4P 4C 4/4