SUNDRA SUBRAMANIA PILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The short facts of the case are as follows: -

(2.) The writ petitioners further submit that the award enquiry was conducted on 06.04.1994 and they have challenged the said award proceeding in Award No.1 of 1994, dated 13.04.1994. Further, the award enquiry was not conducted properly and the award copy was not furnished to the petitioners. The same was challenged before this Court. His Lordship Mr.Justice K.Sampath, passed the following orders stating that "the writ petitioner is entitled to succeed and there will be a direction to the respondents to furnish a copy of the award and make a reference under Section 18 of the Land Acquisition Act to the Civil Court concerned", with these observations, the writ petition was disposed of. Further, the learned Judge observed that any question of limitation will arise only after the petitioner is served with a copy of this award. Accordingly, an award copy was furnished and reference was made to the Sub Judge, Nagercoil.

(3.) The petitioners further submit that the second respondent, viz., The Land Acquisition Officer/ Revenue Divisional Officer passed an award on 13.04.1994 and the second petitioner, viz., Chidambaram Kuttalam Pillai was entitled to receive a sum of Rs.50,874/ -. Further, the award had been referred by the second respondent to the Principal Sub Court, Nagercoil in L.A.O.P.No.5 of 1999, which is pending, though the award had been passed in 1994, and the possession had been taken over by the second respondent and handed over the acquired land of the petitioners to the third respondent, viz,. the Telecom District Manager, Department of Communications. Further, the award amount passed by the second respondent has not been paid by the second respondent. Further, the petitioners have no dispute to receive the compensation amount. Even then, the second respondent herein referred the matter under Section 31(2) of the Land Acquisition Act, 1894. Further, the second respondent has not deposited the award amount in the Principal Sub Court, Nagercoil, though there is a reference in the enclosing letter of the award, there is blank column and since the petitioners have not received the award amount and since L.A.O.P.No.5 of 1999 is pending for enhanced compensation, the petitioners are seeking relief of award and damages. Hence, the above writ petition has been filed to issue a writ of mandamus or direction to the respondents to pay a sum of Rs.9,19,713/ - with future interest, as compensation and liquidated damages for the land acquired by the respondents in Survey No.59/26, measuring an extent of 21 cents of Easanthamangalam Village. Further, the petitioners have prayed to issue an interim direction to pay half of the damages i.e., a sum of Rs.4,59,856/ - from the total claim of Rs.9,19,713/ - as compensation and liquidated damages for the land acquired by the respondents.