J.Charlas Soundararaj Vs The Special District… — Writ and Judicial Review | Madras HC (2025)

J.Charlas Soundararaj Vs The Special District… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondents to disburse solatium and interest to the petitioners in accordance with the directions in Tarsem Singh case within eight (8) weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether the respondents must disburse to the petitioners the statutory entitlement of solatium and interest till the date of payment for land acquired for widening of National Highways 68, in the light of the Supreme Court's directions in Union of India v. Tarsem Singh, by considering the petitioners' representation dated 16.09.2022.

Ratio / Principle

The issue involved in the present writ petition is squarely covered by earlier orders of this Court passed following the Supreme Court's judgment in Tarsem Singh; useful reference is made to the order in Etti Gounder v. District Collector, Namakkal District and Others (2021 6 CTC 618).

Key takeaways

The clarification petition sought by the NHIA before the Supreme Court was dismissed by order dated 04.02.2025, confirming the directions issued in Tarsem Singh case.ratio¶47
The respondents are directed to disburse solatium and interest to the petitioners in accordance with the directions issued in Tarsem Singh case, within a period of eight weeks from the date of receipt of a copy of the order.ratio¶47

Detailed headnote1 paragraphs

Madras High Court (N.Anand Venkatesh, J.), order dated 01.04.2025 in Writ Petition No.32018 of 2022: Thirty petitioners whose land in Survey No.332/3A1B at Chinnasalem Village, Kallakurichi District was acquired for widening of National Highways 68 sought, by way of a Writ of Mandamus under Article 226 of the Constitution of India, disbursement of solatium and interest in terms of the Supreme Court's directions in Union of India and Another v. Tarsem Singh and others (2019(9) SCC; Civil Appeal No. 7064 of 2019, dated 19.09.2019), pursuant to their representation dated 16.09.2022. Holding that the issue was squarely covered by earlier orders of the Court following Tarsem Singh (reference: Etti Gounder v. District Collector, Namakkal District and Others, 2021 6 CTC 618), and noting that a clarification sought by the NHIA had been dismissed by the Supreme Court on 04.02.2025 thereby confirming the Tarsem Singh directions, the Court directed the respondents (Special District Revenue Officer (Land Acquisition)/Competent Authority, NH-68, Salem, and Project Officer, NHAI-68, Salem) to disburse the solatium and interest accordingly within eight weeks from receipt of a copy of the order. Petition disposed of; no costs.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Writ Petition No.32018 of 2022

1.J.Charles Soundararaj

2.Rathinam

3.Sangeetha

4.Murugesan

5.A.Subraanian

6.Vijayalakshmi

7.C.Kannan

8.S.Venkatachalam

9.Dhanalakshmi

10.R.Govidhan

11.K.Rayathurai

12.R.Pandian

13.P.Ravikumar

14.S.Krishnan

15.Shamshat Begum

16.Mookayee

17.M.Poomalai

18.Meena

19.Rajeswari

20.Rajendran

21.P.Rangasamy

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22.N.Sivakumar 23.Pappayee 24.A.Anbazhagan 25.Valli 26.A.Parameswaran 27.R.Nallappillai 28.Saravanan 29.S.Rani 30.R.Durairaj

.... Petitioners

-Vs-

1.The Special District Revenue Officer (Land Acquisition) The Competent Authority Land Acquisition National Highways-68, Room No.414 4^th Floor, Collector Office Building Salem 636 001.

2.The Project Officer National Highways Authority of India-68 Salem. .. Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to disburse the statutory entitlement namely solatium and interest till the day of payment to the petitioner for the land acquired by the respondents in Survey No.332/3A1B at Chinnasalem Village, Kallakurichi District for widening of National Highways 68, in the light of judgment of Hon'ble Supreme court of India in the matter of Union of India and Another .vs. Tarsem singh and others in Civil appeal No. 7064 of 2019 dated 19.09.2019 by considering petitioner's representation dated 16.09.2022 within time frame.

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For Petitioners : Mr.R.Nalliyappan

For Respondents : Mr.P.Kumaresan Additional Advocate General Asst.by Mr.P.Sathish Additional Government Pleader for R1

Mr.Su.Srinivasan Standing Counsel for R2

ORDER

This writ petition has been filed for a direction to the respondents to disburse the solatium and interest as per the judgement of the Apex Court in Union of India and Another .Vs. Tarsem Singh and others reported in 2019(9) SCC by considering the representation made by the petitioners on 16.09.2022.

2.Heard Mr.R.Nalliyappan, learned counsel for the petitioners, Mr.P.Kumaresan, learned Additional Advocate General for R1 and Mr.Su.Srinivasan, learned Standing Counsel for R2.

3.The issue involved in the present writ petition is squarely covered by the earlier orders passed by this Court following the judgement of the Apex Court in Tarsem Singh case. Useful reference can be made to one of the order passed by this Court in Etti Gounder .Vs. District Collector, Namakkal District and Others reported in 2021 6 CTC 618 .

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4.Recently, a clarification was sought for before the Apex Court by the NHIA

and the said clarification petition also came to be dismissed by the Apex Court by order dated 04.02.2025 and thereby confirming the directions issued in Tarsem Singh case. In view of the above, there shall be a direction to the respondents to disburse the solatium and interest in accordance with the directions issued in Tarsem Singh case to the petitioners, within a period of eight (8) weeks from the date of receipt of copy of the order.

5.This writ petition is disposed of with the above directions. No costs.

01.04.2025

Index : Yes/No NCS : Yes/No KP

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To

1.The Special District Revenue Officer (Land Acquisition)

The Competent Authority Land Acquisition National Highways-68, Room No.414 4^th Floor, Collector Office Building Salem 636 001.

2.The Project Officer National Highways Authority of India-68 Salem.

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N.ANAND VENKATESH, J.

KP

Writ Petition No.32018 of 2022

01.04.2025

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