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Madras High Court

The Special Tahsildar (L.A) vs Manickam (Died) on 5 September, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                                 A.S.No.238 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  Date: 05.09.2024
                                                      CORAM :
                         THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
                        A.S.Nos.238, 361, 363, 366, 240, 250, 351, 49, 177, 178, 179, 180, 181,
                       211, 212, 213, 214, 215, 217, 220, 221, 222, 223, 224, 228, 229, 230, 231,
                                   232 , 233, 234, 235, 236, 237, 239, 373 of 2020,
                        A.S.Nos.951, 973, 975, 990, 1001, 1005, 1006, 1009, 1011, 1018, 1019,
                                      1020, 1021, 1022, 1024, 1025 of 2019 and
                                            A.S.Nos.87, 88, 90, 91 of 2023

                     The Special Tahsildar (L.A)
                     Unit II Arasu Cements Factory,
                     Ariyalur                                           ...Appellant
                                                          Vs.
                        Manickam (Died)
                     1. Thangavel
                     2. Kullammal
                     3. Thenmozhi
                     4. Nallathambi
                     5. Managing Director
                        Tamil Nadu Cements Corporation Ltd
                        No.735, II Floor, LLA Building,
                        Annasalai,
                        Chennai.

                     6. Deputy General Manager
                        Arasu Cements Factory
                        Ariyalur                                        ...Respondents

                     PRAYER: Appeal Suit filed under Section 54 of Land Acquisition Act
                     against the judgment and Decree of the Sub-Court, Ariyalur in LAOP
                     No.64/2003 dated 19.04.17.

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                     A.S.No.238 of 2020

                                  For Appellant     :     M/s.R.Anitha
                                  For R1 to R4      :     Mr.R.Gokulakrishnan
                                  For R5 & R6       :     Mr.A.Sivaji (for TANCEM)


                                                          JUDGMENT

Learned Special Government Pleader, R.Anitha submitted that the matter is covered by judgment of this Court in a batch of Appeals in A.S.No.916 of 2019.

2. As per the judgment of this Court in A.S.No.916 of 2019 and Cross Objection.No.96 of 2021 batch cases by common judgment dated 29.01.2024, this Court had dismissed the Appeals and allowed the Cross Objections whereby the value fixed by the Reference Court was enhanced from Rs.1,200/- to Rs.1,500/-. The findings of the Reference Court was confirmed and since the land was acquired long back, the Government was directed to pay the balance amount within a period of eight (8) weeks from the date of receipt of the copy of this order.

3. Subsequently another batch of cases in A.S.No.867 of 2018 were heard by another Bench. Based on which, C.M.P was filed by land losers in Page 2 of 4 https://www.mhc.tn.gov.in/judis A.S.No.238 of 2020 which thiru. A.Sivaji appeared for TANCEM through virtual mode and sought time for four months for the deposit of the amount.

4. As per the judgment dated 29.01.2024 passed in batch of cases in A.S.No.916 of 2019 and subsequent judgment dated 23.08.2024 passed in batch of cases in A.S.No.867 of 2018, the compensation fixed by this Court at Rs.1,500/- per cent is confirmed in the batch of cases in A.S.No.238 of 2020.

5. As per the request of the learned Counsel appearing for the TANCEM, a reasonable period of four months time is granted for deposit of the amount as per the order dated 29.01.2024 in batch of cases in A.S.No.916 of 2019.

05.09.2024 shl Index : Yes/No Speaking/Non-speaking order Page 3 of 4 https://www.mhc.tn.gov.in/judis A.S.No.238 of 2020 SATHI KUMAR SUKUMARA KURUP, J.

Shl A.S.Nos.238, 361, 363, 366, 240, 250, 351, 49, 177, 178, 179, 180, 181, 211, 212, 213, 214, 215, 217, 220, 221, 222, 223, 224, 228, 229, 230, 231, 232 , 233, 234, 235, 236, 237, 239, 373 of 2020, A.S.Nos.951, 973, 975, 990, 1001, 1005, 1006, 1009, 1011, 1018, 1019, 1020, 1021, 1022, 1024, 1025 of 2019 and A.S.Nos.87, 88, 90, 91 of 2023 05.09.2024 Page 4 of 4 https://www.mhc.tn.gov.in/judis