C.RAJAKUMARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The facts and the relief sought by the petitioners in these two writ petitions are similar. Hence, heard together and common order is passed.

(2.) The case of V.Chinnasamy / the petitioner in WP 29268/2018 is that, his land in survey number 105/2B, measuring 4.00 acres at Kammapuram Village, Virudhachalam Taluk, Cuddalore District was acquired by Neyveli Lignite Corporation under the Tamilnadu Acquisition of Land for Industrial Purpose Act, 1997. During the award enquiry, his representation for compensation at market value was not considered and without proper notice and hearing, award was passed on 08/10/2007 in Award No. 74/07 in Na.Ka. L2/58149/04. A sum of Rs. 4,08,812/- was fixed as compensation for his land and the same was received by him on 24/01/2018 and sought for reference to Court for enhanced compensation. After several repeated representations to refer the matter to the Court, he received notice from the Sub-court, Viruthachalam in LAOP No.34/2009 on 29/01/2010. Accordingly, he appeared and filed his claim statement. On transfer of this case to Cuddalore the petition was re-numbered as LAOP No.571/2013 and trial was proceeding. While so , NLC filed CRP.No.2902/2017 before the High Court to strike LAOP No.571/2013 on the file of Sub-Court Cuddalore on the ground that without reference order, the Court has entertained the LAOP. The High Court allowed CRP.No.2902/2017 and strike of LAOP No.571/2013 on 03/08/2018 for want of reference order. Hence, in this writ petition (W.P.No.29268 of 2018) he seeks issuance of mandamus to direct respondents to refer the award passed by the 2nd respondent to the Special Sub-Court for Land Acquisition cases, Cuddalore for the purpose of determination of compensation.

(3.) Similarly, the case of C.Rajakumari w/o V.Chinnasamy / the petitioner in WP No.28790/2018 is that, her land in survey number 107/1, measuring 4.18 acres at Kammapuram Village, Virudhachalam Taluk, Cuddalore District was acquired by Neyveli Lignite Corporation under the Tamilnadu Acquisition of Land for Industrial Purpose Act, 1997. During the award enquiry her representation for compensation at market value was not considered and without proper notice and hearing, award was passed on 24/09/2007 in Award No.69/07 in Na.Ka. L2/58148/04. A sum of Rs.4,04,232/- was fixed as compensation for her land and the same was received by her on 21/01/2018 and sought for reference to court for enhanced compensation. After several repeated representations to refer the matter to the Court, she received notice from the Sub-court, Viruthachalam in LAOP No.35/2009 on 16/11/2010. She appeared and filed her claim statement. On transfer of this case to Cuddalore, the petition was re-numbered as LAOP No.572/2013 and trial was proceeding. While so, NLC filed CRP No.2903/2017 before the High Court to strike LAOP No.572/2013 on the file of Sub-Court, Cuddalore on the ground that without reference order, the Court has entertained the LAOP. On 03/08/2018 the High Court allowed the CRP No.2903/2017 and strike of LAOP No.572/2013 for want of reference order. Hence in this writ petition, she seeks issuance of mandamus to direct respondents to refer the award passed by the 2nd respondent to the Special Sub-Court for Land Acquisition cases, Cuddalore for the purpose of determination of compensation.