Velraj v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.1079 of 2022 and WMP.No.1140 of 2022 Velraj ... Petitioner Vs.
1 The Chief Manager Power Grid Corporation of India Ltd., K.R.Thoppur, Salem District.
2 The Authorized Officer, Power Grid (NM), Transmission, 400 KV Sub Station, Konagapadi, RR Thoppur, Omalur Taluk, Salem-636 502.
3 The District Collector, Collectorate Campus, Salem-636 001.
4 The Revenue Divisional Officer, Collectorate Campus, Salem-636 001.
5 The Sub Registrar, Ayothiapattanam sub Registrar Office, Ayothiapattanam, Salem.
6 Poomalai Gounder .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 or their sub-ordinates from disbursing the compensation amount in favor of 6th respondent or any other persons relating to the land in survey no. 59/1 59/2 and 59/3 situate at Keerapatti Village Vaazhapadi Taluk Salem District. For Petitioner : Mr. C.Prabakaran For Respondents : Mrs. Rita Chandrasekar (for R1) Mrs. C.Sangamithirai (For R3&R4) Special Government Pleader
ORDER
The petitioner has filed this petition seeking to forbear the first and second respondents from disbursing the compensation amount in favour of the sixth respondent or any other persons relating to the land in Survey Nos. 59/1, 59/2 and 59/3 situated at Keerapatti Village, Vaazhapadi Taluk, Salem District.
2. The case of the petitioner is that the petitioner is the grandson and the 6th respondent is the grandfather. The 6th respondent executed a settlement deed in favour of the petitioner. Thereafter, the petitioner has not taken care of the 6th respondent. Hence, he filed an application for cancellation of the settlement deed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ''the Act'') before the competent authority. The competent authority, after adjudication, issued direction to cancel the settlement deed. Challenging the same, the petitioner filed an appeal before the first appellate authority. In the mean while, the first respondent has issued a notification for acquiring the petitioner's land to lay a high tension electrical line along with the tower. Accordingly, the 6th respondent received notice dated 11.07.2016 for enquiry enabling to get compensation under the Indian Telegraph Act. Aggrieved by the same, the petitioner has filed the present writ petition with the above said prayer.
3. The learned counsel for the petitioner submitted that the 6th respondent is having land more than 20 acres and the first respondent has wrongly issued notice to the 6th respondent enabling to get compensation for acquiring land. The petitioner has the right over the property in question. For getting the above said compensation, the 6th respondent has made application before the 4th respondent under the Act. Without considering the fact, the 4th respondent has also ordered to cancel the settlement deed in favor of the petitioner. However, the appeal filed by the petitioner before the first appellate authority as against the order of the 4th respondent is pending for consideration. In the meanwhile, the petitioner has filed a suit in O.S.No.474 of 2016 against the 6th respondent in respect of the very same dispute.
Hence, the petitioner prays this Court may issue a direction to the respondents 1 and 2 not to disburse the compensation amount in favor of 6th respondent or any other persons relating to the land in Survey nos. 59/1 59/2 and 59/3 situated at Keerapatti Village, Vaazhapadi Taluk, Salem District.
4. The learned Standing Counsel submitted that the as on date, there is no prohibition or injunction order against the 6th
respondent with regard to the compensation. In the absence of any restrained order from the competent authority, the petitioner has come up before this court praying not to disburse any compensation to the 6th respondent, which is injustice. However, this Writ Petition is not maintainable as the petitioner has filed an appeal before the 3rd respondent against the order of dismissal passed by the 4th respondent. Further, the petitioner has filed a suit before the trial Court for the very same dispute. Without exhausting the remedy before the third respondent and competent civil court, the petitioner filed this writ petition before this Court is not maintainable and the same is liable to be rejected.
5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the first respondent and the learned Special Government Pleader for the respondents 3 & 4, and perused the materials available on record.
6. It is admitted fact that the 6th respondent has executed a settlement deed in favour of his grandson, who is the petitioner herein. Thereafter, the 6th respondent made a complaint before the 4th respondent under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act. After adjudication, the 4th respondent has passed an order dated 22.05.2021 to cancel the settlement deed executed in favour of the petitioner. For the very same issue, the petitioner has filed an appeal before the third respondent and also filed a suit before the civil Court. Again the petitioner has filed the writ petition for the same issue. Therefore, this Petition is not maintainable and the petitioner has to wait the outcome of the appeal or suit filed by him.
7. Considering the facts and circumstances of the case as well as the submissions so made by the learned counsel appearing on both sides, this writ petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rli
To 1 The Chief Manager Power Grid Corporation of India Ltd., K.R.Thoppur, Salem District.
2 The Authorized Officer, Power Grid (NM), Transmission, 400 KV Sub Station, Konagapadi, RR Thoppur, Omalur Taluk, Salem-636 502.
3 The District Collector, Collectorate Campus, Salem-636 001.
4 The Revenue Divisional Officer, Collectorate Campus, Salem-636 001.
5 The Sub Registrar, Ayothiapattanam sub Registrar Office, Ayothiapattanam, Salem.
+1cc to the Government Pleader, S.R.No.5608 W.P.No.1079 of 2022 and WMP.No.1140 of 2022 GPL(CO) SU(21/02/2022)