Thenmozhi, v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.A(MD)No.9 of 2018 Thenmozhi ... Petitioner/Proposed Appellant/ Wife of the deceased Petitioner U.Subramanyan(Died) Vs.
1.The General Manager, State Industries Corporation of Tamilnadu Ltd., 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.
2.The Estate Officer, State Industries Promotion Corporation of Tamilnadu Limited, Sipcot Project Office, Sivagangai Road, Manamadurai - 630 606, Sivagangai District.
3.The District Collector, Pudukottai District, Pudukottai.
4.The District Revenue Officer, Pudukottai District, Pudukottai.
5.The Tahsildar, Kulathur Taluk, Pudukottai District. ... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to call for the records in W.P(MD)No.8764 of 2016 and set aside the order dated 22.09.2017 by allowing this Writ Appeal. Prayer in WP(MD)No.8764/2016: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court pleased to pass an order or direction, more particularly in the nature of Writ https://hcservices.ecourts.gov.in/hcservices/
of Mandamus directing the respondents to pay compensation to the petitioner for acquisition of land in Survey No.326/4 an extent of 7 acres 1 cent of Vellanur Village, Kulathur Taluk, Pudukkottai District, from 10.11.1982 with interest till the date of payment and other benefits applicable as per the provisions of Right to Fair Compensation Act, by considering the representation of the petitioner, dated 31.03.2016 within a time frame. For Appellant : Mr.A.Haja Mohideen For R-1 & R-2 : Mr.N.Adithya Vijayalayan For R-3 to R-5 : Mr.A.K.Baskarapandian, Special Government Pleader
ORDER
(Judgment of the Court was delivered by M.SATHYANARAYANAN,J.) After some arguments, the learned counsel appearing for the appellant on instructions seeks the permission of this Court to withdraw this Writ Appeal with a liberty to avail the common law remedy and he has also made an endorsement to that effect.
2. This Court heard the submissions of Mr.N.Adithya Vijayalayan, learned counsel appearing for respondent Nos.1 and 2 and Mr.A.K.Baskarapandian, learned Special Government Pleader for Respondent Nos.3 to 5 and they would submit that the claim made by the appellant is hopelessly barred by limitation and is also staled and that apart, the appellant is guilty of delay and laches. 3.In the light of the endorsement made, the Writ Appeal is dismissed as withdrawn and the appellant, if so advised, it is open to her under law, to avail the common law remedy, subject to the law of limitation. No Costs.
Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Pudukottai District, Pudukottai. 2.The District Revenue Officer, Pudukottai District, Pudukottai.
3.The Tahsildar, Kulathur Taluk, Pudukottai District. +One cc to Mr.A.Haja Mohideen, Advocate, SR.No.40905 +One cc to The Special Government Pleader, SR.No.41483 pm RL/6C/2P/SKN/RSK/SAR1/24/1/2018 W.A(MD)No.9 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 08.01.2018