Madras High CourtWP(MD)/8764/2016dismissed

U.Subramanyan v. The General Manager

2017-09-22Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.8764 of 2016 U.Subramanyan : Petitioner -vs1.The General Manager, State Industries Corporation of Tamil Nadu Ltd., 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai-600 008.

2.The Estate Officer, State Industries Promotion Corporation of Tamil Nadu Limited, Sipcot Project Office, Sivaganga 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 Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct 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 Petitioner : Mr.A.Haja Mohideen For 1st and 2nd Respondents: Mr.N.Adithya Vijayalayan For R3 to R5 : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

The present writ petition is filed seeking for a direction to pay compensation to the petitioner for acquisition of the land in Survey No.326/4 to an extent of 7 Acres and 1 cent at Vellanur Village, Kulathur Taluk, Pudukottai District. 2.The learned counsel for the first respondent would submit that the 3rd respondent has acquired the land in Survey No.326/4 in the year 1982. The land in dispute was originally owned by one Karuppan, s/o.Rengan and by a registered sale deed, dated 12.06.1979, he sold 3.51 Acres to one Booman, s/o.Palani. Subsequently, the said Karuppan sold the remaining land to an extent of 3.50 Acres in favour of Booman through a registered sale deed, dated 23.04.1970 registered under document No.498/1970. 3.According to the learned counsel for the 1st respondent, the petitioner was born to the 2nd husband of her mother namely Ulaganathan and U.Muthayi is the first wife of the original owner R.Karuppan and after his demise, she married the petitioner's father Ulaganathan as 2nd husband.

4.The Government Advocate for the respondents 3 to 5 would submit that the entire compensation amount was given to the original owner and the petitioner does not have any right to claim compensation against the respondents.

5.I find force in the contention of the learned counsel appearing for the respondents. In view of the above facts, I am of the opinion that the petitioner is not entitled to any relief as sought for in this writ petition.

6.In the result, this writ petition is dismissed. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To, 1.The General Manager, State Industries Corporation of Tamil Nadu Ltd., 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai-600 008.