WP/11564/2021 of Pappathi @ Bathmavathi Vs Union of India

WP No. 11564 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 11564 of 2021 Pappathi @ Bathmavathi W/o. Dhanakodi, Nadu Theru, Chinnakalapet, Puducherry - 605 014. Petitioner(s) Vs 1. Union of India Rep by the Secretary to Government, Revenue Department, Government of Pondicherry, Pondicherry. 2.Revenue Officer cum Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to pay interest to the Petitioner in accordance with the provisions of the Land Acquisition A ct in respect of the acquisition of lands comprised in R. S. No. 109 / 2 for an extent of 0-16-50 hectares and in R. S. NO. 18 / 2 pt for an extent of 0- 17-21 hectares at Kalapet, Puducherry, For Petitioner(s): Ms.D.E.Anisree Sangavi, for Mr.Usharamman For Respondent(s): Ms.Sharada Vivek, AGP https://www.mhc.tn.gov.in/judis WP No. 11564 of 2021 ORDER This writ petition has been filed to direct the respondents to pay interest to the petitioner in accordance with the provisions of the Land Acquisi tion Act, in respect of the acquisition of lands comprised in R. S. No. 109 / 2 for an extent of 0-16-50 hectares and in R. S. NO. 18 / 2 pt for an exte nt of 0-17-21 hectares at Kalapet, Puducherry. 2. The learned counsel for the petitioner would submit that several la nds were acquired at the Kalapet Revenue Village for the establishment of the Central University invoking the urgency clause. The compensation amount was fixed and subsequently it was also enhanced. However, interest was not paid for the enhanced compensation to the land owners. 3. Further, he would submit that pending this writ petition, the issue reached the Hon'ble Supreme Court and the Hon'ble Supreme Court in Union of India Vs. Pushpavathi & others reported in 2018 (4) MLJ pg.140 held that the dispute in relation to the non award of interest could be raised by the aggrieved person by taking recourse to Article 226 of the Constitution of India. I t was further held that the reference under Section 18 or Section 28A cannot be considered to be an alternative statutory remedy for this purpose. https://www.mhc.tn.gov.in/judis WP No. 11564 of 2021 4. According to the petitioner, several land owners were granted i nterest for the enhanced compensation and the petitioner also claimed for suc h interest. Since the same was not considered, the present writ petition has been filed before this Court. 5. The learned counsel for the respondents would submit that the petitioner can be directed to make a fresh representation to t he respondents along with all the relevant documents and the same will be considere d and appropriate orders will be passed by the respondents. 6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record. 7. Taking into consideration the facts and circumstances of the case and of the fact that the matter has already reached its finalit y before the Hon'ble Supreme Court, there shall be a direction to the petitioner to su bmit a fresh representation to the 2 nd respondent by furnishing all the particulars along with the documents. The 2 nd respondent shall consider the same in line with the earlier orders passed by this Court and the Hon'ble Supreme Court and pass appropriate orders, within a period of eight weeks from the date of receipt of petitioner's representation https://www.mhc.tn.gov.in/judis WP No. 11564 of 2021 8. With the above directions, this writ petition is disposed of. No costs. 09-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.Union of India Rep by the Secretary to Government, Revenue Department, Government of Pondicherry, Pondicherry. 2.Revenue Officer cum Land Acquisition Officer, Central University, Land Acquisition Wing, (Education Department), Pondicherry. https://www.mhc.tn.gov.in/judis WP No. 11564 of 2021 KRISHNAN RAMASAMY J. nsa WP No. 11564 of 2021 09-04-2026 https://www.mhc.tn.gov.in/judis