LAWS(MAD)-2015-4-273

DHARMAN Vs. DISTRICT COLLECTOR, DHARMAPURI DISTRICT; DISTRICT COLLECTOR

Decided On April 16, 2015
DHARMAN Appellant
V/S
District Collector, Dharmapuri District; District Collector Respondents

JUDGEMENT

(1.) THE short facts of the case are as follows: - The first petitioner has filed the above writ petition on behalf of himself and the petitioners 2 to 23. The first petitioner submits that in the year 1982, the Government of Tamil Nadu brought an irrigation scheme viz., Echampadi Anaikkattu Scheme, for providing a canal for the said scheme, the Government proposed to acquire lands in the villages. The petitioners' lands were also subjected to the acquisition. After issuing a notification under Section 4(1) of the Land Acquisition Act, hereinafter called "the Act", the Special Thasildar (L.A.) conducted an enquiry for passing of the award on 03.06.1985 and 04.06.1985. The first petitioner further submits that originally, the Land Acquisition Proceedings were initiated against the petitioners 1 to 5, 7, 8, 10, 11, 14, 17, 18, 19, 22, 23 and deceaseds' K.Kanthasamy, Rukku, Mookka Gounder, V.Kanthasamy, Osarayan, Pondi, Kandasamy and Govindasamy. The legal -heirs of the deceased landowners are impleaded as petitioners Numbers.6, 9, 12, 13, 15, 16, 20 and 21.

(2.) THE first petitioner further submits that the Special Tahsildar passed an award fixing the compensation at the rate of Rs.2,636/ - per acre with 30% solatium and 12% interest. Some of the landowners filed L.A.O.P.Nos.108 to 116 of 1989 before the Sub Court, Dharmapuri. The Sub Court, by its order dated 15.09.1995 enhanced the compensation amount and passed the decree and judgment as follows: -

(3.) THE first petitioner further submits that the second and third respondents did not send working sheet to the fourth respondent so as to enable him to pass orders paying the compensation. Hence, the petitioners were forced to file writ petition in W.P.No.23432 of 2006, for a direction to the second and third respondents to send the working sheet as per the request of the fourth respondent dated 22.01.2004. The first petitioner further submits that by common order dated 25.07.2006, this Court was pleased to direct the second respondent to send the working sheet as required by the fourth respondent within a period of four weeks from the date of receipt of copy of the order and further directed the fourth respondent to pass orders on merits on receipt of such working sheet within a period of eight weeks thereafter. The first petitioner further submits that as the order passed by this Court in W.P.No.23432 of 2006 dated 25.07.2006 was not obeyed by the respondents, the petitioners were forced to file Contempt Application in Contempt Petition No.1663 of 2007. On 03.12.2008, the third respondent herein, sent the working sheet through the second respondent to the fourth respondent herein. Similarly, on 04.12.2008, the third respondent also sent the working sheet with covering letter to the Principal Secretary and Commissioner of Land Administration, Chennai. The petitioner further submits that the third respondent has filed a counter in the contempt petition No.1663 of 2007 in W.P.No.23432 of 2006, wherein, it had been stated that no application under Section 28 -A has been preferred by the petitioner. The petitioner further submits that from the documents filed in the contempt applications, it is evident that, the third respondent herein sent a reply letter for clarification to the Principal Secretary and Commissioner of Land Administration, Chennai, dated 09.01.2009, wherein, the application filed under Section 28 -A of the Act, by the petitioners was specifically referred as one of the enclosures. Further, in the communication dated 30.01.2009 in UA.PA.3/89/R3 also, the second respondent herein, in the letter written to the Principal Secretary and Commissioner of Land Administration, clearly referred the applications filed under Section 28 -A of the Act by the petitioners herein. In the proceedings of the third respondent herein in Na.Ka.No.3668/2005/B dated 28.01.2009, a reference has been made with regard to the application under Section 28 -A filed by the writ petitioners.