IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 17.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.6332 of 2011 A.N.Amalanathan. ... Petitioner vs. 1.The Special Tahsildar/ Land Acquisition, Naval Air Station Project, Unit-II, Arakkonam. 2.The Defence Estate Officer, Mahas Circle, No.306, Anna Salai, Teynampet, Chennai-18. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.12.2010 seeking enhancement of the compensation as per the Judgment of the Madras High Court in A.S.No.933 of 1995 dated 24.6.2004 and accordingly pay compensation after deducting the amount already paid. For Petitioner : Mr.J.Shanmuga Sundara Babu For Respondents : Mrs.R.Anitha, Additional Government Pleader. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.12.2010 seeking enhancement of the compensation as per the Judgment of this Court in A.S.No.933 of 1995 dated 24.6.2004 and accordingly pay compensation after deducting the amount already paid. 2. Mrs.R.Anitha, learned Additional Government Pleader, takes notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3. The relief sought for by the petitioner cannot be granted for the following reasons:- (i) Petitioner's land was acquired and award was passed. Challenging the same petitioner filed Land Acquisition Original Petition No.501 of 1991 before the Sub Court, Ranipet and order was passed. Based on the order passed in LAOP No.501 of 1991, Execution Petition was filed and is pending before the Sub Court, Ranipet. Similarly, placed person whose land was acquired, filed appeal before the High Court in A.S.No.933 of 1995 which came to be decided on 24.2.2004 enhancing the compensation and SLP filed by the State was dismissed on 17.11.2006 by the Apex Court. These are all facts culled out from the representation made by the petitioner to the Special Tahsildar (Land Acquisition). (ii) In view of Section 28-A of the Tamil Nadu Land Acquisition Act, 1894 which provides for redetermination of the amount of compensation on the basis of the award of the Court and the time limit specified therein, the representation of the petitioner for refixation of the value on the basis of the order passed by the High Court, Madras in A.S.No.933 of 1995 dated 25.6.2004 cannot be granted. 4. In view of the above, the mandamus as prayed for by the petitioner is misconceived. Accordingly, the writ petition is dismissed. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ts To 1.The Special Tahsildar/ Land Acquisition, Naval Air Station Project, Unit-II, Arakkonam. https://hcservices.ecourts.gov.in/hcservices/ 2.The Defence Estate Officer, Mahas Circle, No.306, Anna Salai, Teynampet, Chennai-18. 1 cc to Mr.J.Shanmuga Sundara Babu, Advocate, Sr.No.19988 1 cc to Government Pleader, Sr.No.19513 Order in W.P.No.6332 of 2011 KGK {CO} TP/5.4.2011. https://hcservices.ecourts.gov.in/hcservices/