P.S.Balasubramanian, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR P.S.Balasubramanian ...
Petitioner versus 1.The District Collector, District Collector Office, Thiruchengode Road, Namakkal - 637 003.
2.The Tahsildar, Taluk Office, Kollimalai, Namakkal District - 637 411.
3.The Village Administrative Officer, Valapoornadu Village, Kollimalai Taluk, Namakkal District - 637 411.
4.Jagannathan 5.The Assistant Engineer, Tamil Nadu Power Generation and Distribution Corporation (TANGEDCO), Chenmedu, Kolli Hills, Namakkal District.
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6.The Assistant Engineer, Hydro Power Project, Erode - 638 001.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to pass orders on the petitioner's representation dated 09.05.2023. For Petitioner :
M/s.Zeenath Begum For Respondent Nos.1 to 3 :
Mr.A.Selvendran Special Government Pleader For Respondent No.4 :
Mr.S.Mohan For Respondent Nos.5 & 6 :
Mr.K.Arun Prasad
O R D E R
This Writ Petition has been filed to direct the first respondent to pass orders, by considering the petitioner's representation dated 09.05.2023. 2.
The main grievance of the writ petitioner is that he was in possession of Survey Nos.1048 and 1049 and hence, he sought for issuance of patta. But the patta has not been granted. However, the fourth respondent has obtained patta in the Survey Numbers and compensation has been paid to him.
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3.
On perusal of the report, it clearly indicates that the contention of the writ petitioner is not at all true for the simple reason that the fourth respondent had purchased the property in Survey No.188 measuring an extent of 6.28 acres in Patta No.22 from one K.Mohan on 18.03.2010. Out of the said property, 50 cents have been acquired by private negotiation by TANGEDCO by way of a Sale Deed with specific boundaries for a sale consideration of Rs.1,29,675/-. Therefore, the contention of the writ petitioner is that only on the basis of the patta, the compensation has been paid cannot be countenanced in fact, what was paid is a sale consideration in respect of the private land purchased by the fourth respondent in the year 2010.
4.
In such view of the matter, I do not find any merits in this Writ Petition and the same is dismissed. No costs. 16.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5
To 1.The District Collector, District Collector Office, Thiruchengode Road, Namakkal - 637 003.
2.The Tahsildar, Taluk Office, Kollimalai, Namakkal District - 637 411.
3.The Village Administrative Officer, Valapoornadu Village, Kollimalai Taluk, Namakkal District - 637 411.
4.The Assistant Engineer, Tamil Nadu Power Generation and Distribution Corporation (TANGEDCO), Chenmedu, Kolli Hills, Namakkal District.
5.The Assistant Engineer, Hydro Power Project, Erode - 638 001.
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N.SATHISH KUMAR , J.
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