JUDGMENT :

T.RAJA, J.

Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act against the order dated 01.06.2016 passed in W.P. No.17487 of 2016.

This Writ Appeal has been filed, challenging the impugned order dated 01.06.2016 passed in W.P. No.17487 of 2016

2. Learned counsel appearing for the appellant submitted that the land, having an extent of 4.96 acres in R.S. No.279/2B, situated at Killai (South) Village, Chidambaram Taluk, owned by the father of the appellant, was acquired by the Special Thasilidar (ADW) L.A., Chidambaram for providing house sites to Irular community and the compensation amount of Rs.26,737/- payable to the appellant's father vide Award No.7/83-84 dated 27.03.1984 was kept in Revenue Deposit, Sub Treasury, Chidambaram in R.D. No.207 dated 19.07.1984. Challenging the acquisition proceedings, the appellant's father filed a writ petition in W.P. No.3914 of 1984 and the same was dismissed on 25.03.1987. Learned counsel for the appellant further submitted that after demise of the appellant's father, the appellant applied for refund of the compensation amount and the Special Tahsildar (ADW) L.A., Chidambaram issued proceedings dated 31.12.1997 to pay the compensation amount to the appellant, which was kept in Revenue Deposit at Sub Treasury, Chidambaram, but the same has not been paid to him. Since the deposit has been lapsed, the appellant was unable to get the compensation. While so, the new Act, namely, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force. Therefore, the appellant submitted a representation to the respondent on 01.08.2014 to initiate fresh proceedings and fix the compensation amount in accordance with the new Act, namely, Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, since the earlier proceedings are deemed to have lapsed as per Section 24(2) of the above New Act.

3. Placing reliance on the provisions under Section 24(2) of the above Act, the learned counsel for the appellant submitted that by virtue of Section 24(2) of the New Act, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act, but the physical possession of the land has not been taken or the compensation has not been paid, the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act and where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act. Although the appellant is entitled to get the compensation as per provisions of Section 24(2) of the New Act and in spite of representations made by him, the respondent has not come forward to pay the compensation. Therefore, the appellant has filed a writ petition in W.P. No.34783 of 2014 before this Court for a Mandamus directing the respondent to initiate fresh proceedings and also fix a compensation amount in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act on the basis of his representation dated 01.08.2014 and this Court, by order dated 19.02.2015 disposed of the said writ petition directing the respondent therein to dispose of the representation dated 01.08.2014 filed by the appellant in accordance with law. However, by impugned order dated 22.01.2016, the request of the appellant was rejected by the respondent stating that the State has brought an amendment to the new Act, whereby exemption has been granted in respect of land acquisition proceedings initiate