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Madras High CourtWP/18597/2019dismissed

Tmt. Uma Maheswari, v. Government Of Tamil Nadu,

2025-09-17Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.17917 of 2019 Uma Maheswari .....

Petitioner Vs.

1.Government of Tamil Nadu, Rep. by its Secretary to Government, High ways Department, Secretariat, Chennai 600 009.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Land Acquisition Officer, and the Special Tashildhar, Land Acquisition, I.T. Express way Scheme, Taluk Office Compound, Tambaram, Chennai 600 045.

.....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order made in Na.Ka.36/2008/A dated 05.02.2019 passed by the 3rd respondent and quash the same and consequently direct the 3rd respondent to pay the compensation for the

lands acquired belonging to the petitioner comprised in old Survey No.308/2 a new survey No.308 /2A1A to an extent of 39 cents situate at Padur village, Thiruporur Taluk, Kancheepuram District within the time frame.

For Petitioner : Mr.Kamalanathan V.R For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 05.02.2019 passed in Na.Ka.36/2008/A by the third respondent, thereby rejected the request made by the petitioner seeking compensation for the land already acquired by the respondents.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner purchased the property compromised in Old Survey No.308/2A, New Survey No.308/2A1A, measuring an extent of 39 cents situated at Padur Village, Thiruporur Taluk, Kancheepuram District, by a registered sale deed dated 29.04.2011 from the legal heirs of one Munuswamy. The said Munuswamy owned the subject property,

along with other lands measuring an extent of 62 cents in survey No.308/2A, situated at Padur Village, Thiruporur Taluk, Kancheepuram District. The said Munuswamy had purchased the said property by a registered sale deed dated 24.04.1957 vide document No.406 of 1957.

4. While being so, the said Munuswamy sold the entire property in favour of Anna University Staff Co-operative House Building Society Ltd., by a registered sale deed dated 06.11.1987, vide document No.3032 of 1987. Thereafter, the said Society converted the subject land into layout and sold the house plots to various persons. Thereafter, on 08.07.2004, the Government of Tamil Nadu initiated project to widen the existing Old Mahabalipuram Road from Siruseri Junction to Poonjeri (Phase II) and accordingly acquired the lands situated in Padur Village, Thiruporur Taluk, Kancheepuram District, including the subject land was acquired. After completion of the enquiry, an award was passed on 10.02.2017. While being so, the petitioner submitted a representation before the respondents seeking compensation, and also filed a writ petition in W.P.No.27397 of 2018 before this Court. This Court, by an order dated 26.11.2018, directed the third respondent to consider the representation of the petitioner. After conducting an enquiry, the third

respondent rejected the claim of the petitioner.

5. A perusal of the records reveals that, after the demise of the said Munuswamy, his legal heirs, viz., ten persons, jointly sold the property, in favour of the petitioner, by a registered sale deed dated 29.04.2011, suppressing the above facts. Though the petitioner is an innocent purchaser, the subject land had already been sold in favour of the Society, and the entire compensation had been paid to the original owner of the property. On the strength of the sale deed of the petitioner, he was issued patta. However, this Court had already directed the revenue officials to conduct an enquiry into the issue, take immediate action to cancel the patta and submit a report, while pending this writ petition by way of interim order. Therefore, the claim of the petitioner was rightly rejected.

6. In view of the above, this Court finds no infirmity or illegality in the order dated 05.02.2019 passed by the third respondent. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

17.09.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Secretary to Government, Government of Tamil Nadu, High ways Department, Secretariat, Chennai 600 009.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Land Acquisition Officer, and the Special Tashildhar, Land Acquisition, I.T. Express way Scheme, Taluk Office Compound, Tambaram, Chennai 600 045.

G.K.ILANTHIRAIYAN. J, Lpp

17.09.2025