Under Article 226, the Court allowed this writ petition to direct the Tamil Nadu Housing Board to disburse the land acquisition award of Rs.76,24,918/- plus 15% interest within six weeks.
Directed the 2nd respondent to disburse the award amount of Rs.76,24,918/- with 15% interest from 18.11.2020 within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.NO. 11555 OF 2021
Dr.V.Sachithanantham ..Petitioner
Versus
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the award amount of Rs.76,24,918/- together with interest at the rate of 15% from the date of the 4th respondent's letter dated 18.11.2020 up to the date of disbursement of the total award amount to the petitioner and the claimants within a stipulated time as fixed by this Court.
For Petitioner : Mr.R.Karthikeyan
For Respondents : Mr.V.Veluchamy,
Government Advocate [for R1, R3 & R4] Mr.C.Emalias [for R2 & R5]
O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondents to disburse the award amount of Rs.76,24,918/- together with interest at the rate of 15% from the date of the 4th respondent's letter dated 18.11.2020 up to the date of disbursement of the total award amount to the petitioner and the claimants within a stipulated time as fixed by this Court.
amount was paid by the Housing Board, in respect of repeated requests made by the petitioner as well as the counsel for the Housing Board and the Department is to disburse the award amount to the petitioner. Therefore, there is no other option except this Court to direct the 2nd respondent to disburse the said award amount to the claimants within a period of stipulated period.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
ssn
To
2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035.
3.The District Collector, Erode District, Erode-638 011.
4.The Revenue Divisional Officer, (In charge Land acquisition), Brough Road, Erode-638 001.
5.The Executive Engineer, Tamil Nadu Housing Board, Sampath Nagar, Erode-638 011.
+1cc to Mr.R.Karthikeyan, Advocate, S.R.No.54510 +1cc to the Government Pleader, S.R.No.55096
W.P.No.11555 of 2021
KSM(CO) PM/08/12/2021
2 issues framed by the court
Whether the statutory authorities should be mandatorily directed to disburse the outstanding land acquisition award amount along with interest.
Whether the delay in disbursing the award amount warrants the granting of court-sanctioned interest.
2 provisions across 2 enactments
Dr.V.Sachithanantham
Secretary to Government of Tamil Nadu, Housing & Urban Development Department
Managing Director, Tamil Nadu Housing Board
District Collector, Erode District
Revenue Divisional Officer
Executive Engineer, Tamil Nadu Housing Board
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
