Disposed

N.Krishnasamaraj, v. the Executive Engineer

Madras HC4 Oct 2024WP/18379/2024

Case brief

AI extract

What is this about?

The High Court, in a writ petition concerning delayed land acquisition compensation, directed an executing court to dispose of a pending execution petition within twelve weeks due to the rarest of rare delay, without adjudicating the merits.

What did the court decide?

Direction to the II Additional Sub-Court, Coimbatore to dispose of E.P.No.337 of 2017 within twelve weeks from receipt of this order.

N.Krishnasamaraj, Vs the Executive Engineer — Execution and Attachment | Madras HC (2024)

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W.P.No.18379 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.10.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S. SOUNTHAR

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W.P No.18379 of 2024

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N.Krishnasamaraj ...Petitioner

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Vs.

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The Executive Engineer, Tamil Nadu Housing Board,

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Tatabad, Coimbatore - 641 012.

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The Land Acquisition Officer and Special Tahsildar (Land Acquisition), Housing Scheme Unit - III, Coimbatore. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for

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issuance of a Writ of Mandamus, directing the respondents to pay and disperse to the petitioner in a time bound manner an amount of Rs.1,34,27,368/- along with subsequent applicable interest from 01.02.2017 being the date of filing of

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Execution petition till the date of actual payment.

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For Petitioner : Mr. V.Raghavachari, Senior Advocate for M/s. V.S.Usharani For R1 : Mr.C.Kalaichelvan Standing Counsel For R2 : Mr.A.Selvendran Special Government Pleader

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.No.18379 of 2024

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O R D E R

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The petitioner herein seeks a direction to the respondents to pay him a sum of Rs.1,34,27,368/- being the compensation amount fixed for the acquired land of the petitioner.

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It is seen from the affidavit filed in support of this writ petition that the petitioner's land with an extent of 30.82 acres situated in survey No.37, 38/1 Ganapathy Village, Coimbatore was acquired by notification dated 18.08.1983 and till date, the compensation amount has not been paid. Therefore, the petitioner is before this Court. It is also seen that at the request of petitioner matter was referred to Court under Section 18 of Old Land Acquisition Act and said proceedings attained finality by dismissal of SLP and also dismissal of review petition by Supreme Court by order dated 04.11.2015. Thereafter, the petitioner filed execution petition in E.P.No.337 of 2017 and the same is still pending.

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The learned counsel for the petitioner restricted the prayer made in

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this writ petition and submitted that the petitioner would be satisfied, if a direction is issued to the Executing Court to dispose of the Execution Petition

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.No.18379 of 2024

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pending on its file.

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The said statement made by the learned counsel for the petitioner is recorded. The petitioner's land was acquired four decates ago and till date compensation amount has not been paid to the petitioner. The execution petition filed by the petitioner also pending for the past seven years. Hence this Court feels, this is a rarest of rare case, which requires suitable direction to executing Court to dispose of execution petition expeditiously.

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In view of the limited prayer sought for by the petitioner, this Court, without going into the merits of the matter, hereby directs the II Additional Sub-Court, Coimbatore, to dispose of the execution petition in E.P.No.337 of 2017 within a period of twelve weeks from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. No costs.

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04.10.2024

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order

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https://www.mhc.tn.gov.in/judis 3/5

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W.P.No.18379 of 2024

S. SOUNTHAR, J.

The Executive Engineer, Tamil Nadu Housing Board, Tatabad, Coimbatore - 641 012.

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The Land Acquisition Officer and Special Tahsildar (Land Acquisition), Housing Scheme Unit - III, Coimbatore.

W.P No.18379 of 2024

04.10.2024

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https://www.mhc.tn.gov.in/judis 4/5

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W.P.No.18379 of 2024

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https://www.mhc.tn.gov.in/judis 5/5

N.Krishnasamaraj, v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

N.Krishnasamaraj, v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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