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2025 Supreme(Online)(Mad) 51702

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
G.Devan (DECEASED) – Appellant
Versus
The District Collector – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.31051 of 2022 and WMP No.30450 of 2022

1.G.Devan (Deceased)

2.D.Thilagam

3.Vishnu Priyan Devan

4.Deepika Kumari …. Petitioners (P2 to P4 substituted as Lrs of deceased sole peititoner vide order dt.12.9.2023 made in WMP.16718/2023 in WP.31051/2022 by SMSJ)

-Vs-

1.The District Collector Krishnagiri Krishnagiri District.

2.The Special Revenue Officer (LA)

NH 7 & 46, Krishnagiri Krishnagiri District.

3.The Special Tahsildar (Land Acquisition)

Krishnagiri Krishnagiri District. ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in his proceeding in ROC. 72/2021 (Arbit) dated 11.04.2022 and quash the same and consequently direct the respondents to pay 30 percent solatium Additional amount at 12 % per annum of the market value and interest on the aggregate as per the Land acquisition Act, 1894.

For Petitioners : Mr.M.Kaviveerappan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings of the 1st respondent dated 11.04.2022 and for a consequential direction to the respondents to pay 30% solarium and additional amount of 12% solarium p.a., of the market value.

2.Heard Mr.M.Kaviveerappan, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents.

3.The case in hand is squarely covered by the earlier order passed by this Court in S.Jagadeesan v. Union of India reported in CDJ 2021 MHC 509.

4.This order has been upheld by the Division Bench and this order was passed relying upon the judgement of the Apex Court in Tarsem Singh case. The order passed in Tarseem Singh case was also clarified by the Apex Court in a recent order passed in Miscellaneous Appeal No.1773 of 2021 in Civil Appeal No.7064 of 2019, dated

04.02.2025.

5.In view of the above, this writ petition is allowed and there shall be a direction to the respondents to pay 30% solatium and 12% additional interest to the petitioner in line with the judgement of the Apex Court in Tarsem Singh case, within a period of eight weeks from the date of receipt of order of this order.

6.In the result, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

19.02.2025 Index : Yes/No NCS : Yes/No KP To

1.The District Collector Krishnagiri Krishnagiri District.

2.The Special Revenue Officer (LA)

NH 7 & 46, Krishnagiri Krishnagiri District.

3.The Special Tahsildar (Land Acquisition)

Krishnagiri Krishnagiri District.

N.ANAND VENKATESH, J.

KP Writ Petition No.31051 of 2022

19.02.2025

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