Pushpawathie Narendra, Liquidator v. The Secretary

J U D G M E N T S.M.SUBRAMANIAM,J. The present writ appeal had been instituted against the writ order dated 24.08.2021 passed in W.P.No.10799 of 2011.

¶2The writ petitioner is the appellant and the relief sought for in the writ petition is relating to the notification passed by the Government in G.O.Ms.No.1966, Revenue Department dated 10.09.1981 under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and published in the Tamil Nadu Government gazette No.21-A Part II – Section 1, Supplement dated 05.06.1996 and the order dated 23.11.2000 in SRP No.21 of 2000 of the Land Reforms Special Tribunal, Chennai. The petitioner challenged the same insofar as it relate to the determination of amount payable for the land acquired from the petitioner and consequently, direct the respondents herein to determine afresh under S.50 of the Act, the amount payable to the petitioner for the lands acquired in terms of the provisions of unamended Schedule III of the Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act, 1961 as it was in force at the time of publication of the notification in G.O.Ms.no.1286 Revenue dated

20.03.1973 under S.18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act 1961 in Supplement to Part III of the Tamil Nadu Government Gazette No.12-(B) dated 28.03.1973 and pay the difference amount in compensation with statutory interest as provided under Law applicable upto 10 years w.e.f. 11.05.1973 and equitable interest at the rate of 11 percent for the period beyond 10 years commencing from 11.05.1983 and upto the date of actual payment of difference in compensation to be redetermined by the 2 nd respondent therein.

¶3Learned counsel for the appellant would contend that the appellant had received compensation from the year 1986. However, their lands were taken over by the Government in the year 1973. Since the Government had taken possession of the land in the year 1973, the interest amount should be calculated from the year 1973.

¶4Learned Additional Government Pleader would submit that Section 18(3) Notification was quashed at the instance of the appellant and subsequently, fresh notification was issued on 05.06.1996 and the compensation had been settled in pursuance to the notification of the year 1996 along with other eligible benefits under the Act and they have received the compensation. The relief sought for in the present writ petition is not only belated but to be construed as stale claim.

¶5Initially, notification was issued in the year 1973. The said notification came to be challenged and subsequently, quashed by the Court at the instance of the appellant. Revised notification was issued in the year 1996 and based on the said notification, compensation along with interest had been settled in favour of the appellant. That being so, claiming interest after a lapse of several years by filing a writ petition in the year 2011 is not entertainable and therefore, the writ Court has rightly dismissed the Writ Petition which requires no further interference. Consequently, Writ Appeal stands dismissed. No costs. (S.M.S.,J.) (M.S.Q.,J.) 27-11-2025 vsi To

¶1The Secretary, Revenue Department, Fort St.George, Chennai – 9.

¶2The Assistant Commissioner (Land Reforms), 36, Bharthi Ula Salai, Race Course Colony, Madurai – 2. S.M.SUBRAMANIAM,J. AND MOHAMMED SHAFFIQ,J. vsi 27-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27.11.2025 CORAM: THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No.1497of 2022 Pushpawathie Narendra, Liquidator, Neikarapatty Dairies (Private) Ltd., (In voluntary Liquidation) No.141/3, GEO Colony, Jagir Ammampalayam, Salem – 2. ... Appellant Vs. 1. The Secretary, Revenue Department, Fort St.George, Chennai – 9. 2. The Assistant Commissioner (Land Reforms), 36, Bharthi Ula Salai, Race Course Colony, Madurai – 2. ..Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, 1865 to set aside the order dated 24.08.2021 of this Court made in W.P.No.10799 of 2011 and consequently, allow the W.P.No.10799 of 2011 as prayed for. For Appellant : Ms.E.Yuvarani for Mr.V.R.Rajasekaran For Respondents: Mr.T.Arunkumar, Additional Government Pleader for R1 & R2