MR. JUSTICE N. ANAND VENKATESH WP Nos.6000, 11981, 11979, 11982,In view of the above discussion, this Court has absolutely no hesitation to interfere with the impugned proceedings challenged in these Writ petitions and the same is hereby quashed. The RDO, Erode district, is directed to consider the claim made by the petitioners and redetermine the compensation amount, in line with the orders passed by the Hon’ble Supreme Court in Valliammal case and in Samiyathal case and the entire compensation amount shall be paid (after 60/64

[12/9, 17:09] Sekarreporter1: WP Nos.6000, 11981, 11979, 11982, 11977 of 2020
and WMP Nos.14719, 14716, 14709, 14712 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 03.12.2020
Pronounced on : 09.12.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
WP Nos.6000, 11981, 11979, 11982, 11977 of 2020
and WMP Nos.14719, 14716, 14709, 14712 of 2020
WP No.6000 of 2020
1. Elachiana Gounder @ Elaiya Gounder
2. Ramasamy.M
3. Samiyathal
4. M.Moorthy
5. M.Saravanan
6. K.Viswanatha Gounder
7. Kandappa Gounder
8. K.Jayaraj
9. Arunachalam
10. M.Palanisamy
11. Kannammal
12. V.Shanmugam
13. Sampoornam
14. B Sasi Kumar
15. P.Nagendran
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[12/9, 17:09] Sekarreporter1: WP Nos.6000, 11981, 11979, 11982, 11977 of 2020
and WMP Nos.14719, 14716, 14709, 14712 of 2020
Mr.C.Prakasam
for WP No.11977, 11979, 11981
and 11982 of 2020
For Respondents : Mr.Ezhumalai
Government Advocate for R1 & R2
WP No.11977, 11979, 11981
and 11982 of 2020
Mr.S.R.Rajagopal
Additional Advocate General
Assisted by
Mr.I.Sathish, Standing Counsel
for R3 in all WPs
COMMON ORDER
The issue involved in all these writ petitions pertains
to the claim made by the petitioners for enhancement of
compensation placing reliance upon the orders passed by the
Hon’ble Supreme Court in Valliammal Case reported in 2011 8 SCC
91 and in Samiyathal case in Civil appeal Nos. 5335 – 5336 of 2013,
dated 05.07.2013. Hence, all these writ petitions are taken up
together, heard and disposed of through this common order.
2. The State of Tamil Nadu in exercise of its powers issued
various notifications under Section 4(1) of the Land Acquisition
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[12/9, 17:10] Sekarreporter1: WP Nos.6000, 11981, 11979, 11982, 11977 of 2020
and WMP Nos.14719, 14716, 14709, 14712 of 2020
neither sought for a reference under Section 18(1) of the Act nor
for redetermination of compensation under Section 28(A) of the
Act. This plea raised by the respondents will not apply to the facts
of the present case, in view of the general directions issued by the
Hon’ble Supreme Court in exercise of its powers under Article 142
of the Constitution of India, to extend the payment of enhanced
compensation to all the other land owners also. This Court has
already held that this general direction will apply to all the land
owners falling under all the notifications.
28. In view of the above discussion, this Court has
absolutely no hesitation to interfere with the impugned
proceedings challenged in these Writ petitions and the same is
hereby quashed. The RDO, Erode district, is directed to consider
the claim made by the petitioners and redetermine the
compensation amount, in line with the orders passed by the
Hon’ble Supreme Court in Valliammal case and in Samiyathal
case and the entire compensation amount shall be paid (after
60/64
[12/9, 17:10] Sekarreporter1: WP Nos.6000, 11981, 11979, 11982, 11977 of 2020
and WMP Nos.14719, 14716, 14709, 14712 of 2020
deducting the amounts already paid, if any) within a period of 8
weeks from the date of receipt of a copy of this Order. The
petitioners are directed to make a fresh representation to the RDO,
Erode district, along with all relevant documents proving their
ownership over their property and also a copy of this order.
29. All the writ petitions are allowed with the above
directions. No costs. Consequently, all the connected
miscellaneous petitions are closed.
09.12.2020
rka
Index : Yes /No
Internet : Yes /No
To
1. The State of Tamil Nadu,
rep. By The Secretary to Government,
Department of Housing and Urban
Development, Secretariat, Chennai 600 009.
61/64