Madras High Court
P.Latha vs The Special District Revenue ... on 12 October, 2023
W.P.(MD)No.3653 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.3653 of 2021
P.Latha ... Petitioner
Vs.
1.The Special District Revenue Officer,
(Land Acquisition National Highways),
Ramanathapuram, Ramanathapuram District.
2.The Special Tahsildar,
(Land Acquisition National Highways),
Unit-I, Manamadurai,
O/o. the Special Tahsildar,
National Highways-49,
Manamadurai,
Sivagangai District.
3.Poologam.A ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing respondents 1 and 2 to
disburse the half share to the petitioner and her brother P.Ravichandran in
the total compensation payable on account of the acquisition of the
property in Survey No. 106/2C measuring an extent of 4752 Sq. Meters in
Valaiyanenthal Village, Thiruppuvanam Taluk, Sivagangai District, within
the time stipulated by this Court.
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
For Petitioner : Mr.M.Kannan
For R-1 & R-2 : Mr.K.S.Selvaganesan,
Additional Government Pleader
For R-3 : Mr.R.Senthilkumar
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the first and second respondents to disburse the half
share to the petitioner and her brother from out of the total compensation
payable on account of the acquisition of the subject property by the
National Highways Authority of India.
2. The case of the petitioner is that the subject property is an
ancestral property. The third respondent is the father of the petitioner and
according to the petitioner, the third respondent left the first wife in lurch
and the petitioner and her brother were taken care by their mother. The
third respondent had married another woman and out of that marriage,
there were two children.
3. The property in question was acquired by the National
Highways Authority of India. The compensation amount was also
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
determined by the first respondent. The petitioner had sought for
disbursement of half share in the total compensation amount and since the
same was not acted upon, the present Writ Petition has been filed before
this Court.
4. The learned counsel appearing on behalf of the third
respondent submitted that the third respondent died during the pendency of
this writ petition and that the third respondent has two children, viz.,
Lingam and Sivakumar out of the second marriage.
5. The second respondent has filed a counter-affidavit. The
relevant portion in the counter-affidavit is extracted hereunder:
“4) I humbly submit that the land is Survey
Number 106/2C to an extent of 0.60.5 Hectare,
Private Wet land stood as Patta Number 30 in the
name of Alagukone. S/o Komali Kone, In which an
extent of 4752 sq meters of land was acquired for
the formation of new four way Thiruppuvanam
Bye Pass Road. For determination of
compensation payable to the land owner enquiry
under Section 3G(3) of the National Highways Act
was conducted by the 1" respondent on
25.05.2015. The 3rd respondent and the son of
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
Alagukone appeared for enquiry and submitted
records claiming title over the property. He has
not submitted the legal heirship certificate in
respect of Alagukonar. Finally an Award No.
25/2014-2015 in Proceedings Roc.
NH49/UnitV/161/2013 dated 12.07.2014 was
passed by the 1st Respondent by withholding the
compensation amount of Rs.14,11,944/- Payable
land owner of S.No. 106/2C for want of if legal
heirship Certificate in respect of Alagukone and
other required documents. Subsequently the
petitioner has filed one objection Petition dated
23.08.2015 and claimed compensation for the land
in S.No.106/2C as she is the daughter of 3
respondent born through his first wife. After
acquisition the land in S.No.106/2C was
subdivided and the same is recorded as detailed
below in the revenue records.
Sl.No Survey No. Extent Classification Patta No and
Pattadar Name
1 106/2C1 0.02.63 Private Wet 30, Alagukone
S/o. Komalikone
2 106/2C2 0.03.60 Private Wet Alagukone,
S/o.Komalikone
3 106/2C3 0.47.52 Government Indian National
Poramboke Railways
4 106/2C4 0.06.75 Private Dry 30, Alagukone
S/o Komalikone
Total 0.60.50
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
Based on the claims made by the 3rd
Respondent and Counter Claim made by the
Petitioner, enquiry was conducted by the 2
respondent. The Petitioner and the 3rd Respondent
have submitted various Judgements and records.
Initially the petitioner claimed 50% share from the
compensation amount subsequent in the petitioner
claimed 3/4 share of the compensation amount by
stating that the Pattadar Alagukone bequeathed the
half share of properties including S.No.106/2C to
the petitioner through registered settlement deed
dated 29.11.2000 bearing documents No.
1788/2000 on the file of Sub Registrar office,
Thriupuvanam. On verification of records and
Judgment copies filed by the 3rd respondent it is
found that the Inam settlement deed executed by
Alagukone was cancelled by this order of
Additional Subordinate Judge Sivaganga
Judgement made on A.S.No.38/2005 dated
04.04.2008. Against the Judgement made in A.S.
38/2005, the Petitioner and his brother have filed
Second Appeal S.A (MD) No.752 of 2007 was also
dismissed by the Hon'ble High Court Order dated
27.06.2019.
The Second Appeal is dismissed as
withdrawn No Casts.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
Subsequently the petitioner and his brother
have also filed Partition Suit in O.S.No.18/2006 on
the file of Subordinate Judge, Sivaganga claiming
half share of he properties of 3rd respondent
including S.No.106/2C. The Court made the
following order.
1) "The directing a partition by metes and
bound of the plaintiff half share mentioned in the
schedule herein by giving separate possession
properties bere of the there".
As per the court order the Petitioner was
entitled for half share of the properties owned by
the 3rd respondent including S.No.106/2C. But the
Petitioner claimed 3/4 share amount. The 3rd
respondent deposed before the 2nd respondent for
making payment ½ share compensation to the
Petitioner. But the Petitioner refused to accept ½
share and going on sending various Petitions
before the authorities concerned. In order to make
payment of compensation an order was issued in
this office memo Roc.A1/12/2013 dated 11.12.2020
informing the fact that the Petitioner and his
brother are eligible for half share in the
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
compensation payable for the land acquired in
S.No. 106/2C According the Petitioner in her Letter
dated 25.01.2021 has also sent concern Letter to
this Office to receive ½ share. As process is
involved money transaction the petitioner was
asked to appear to in person before the 2nd
respondent for recording her statements. In this
regard a notice in Memo Roc.A1/161/2013 dated
05.03.2021. The Petitioner refused to receive the
Registered post and the same was returned to this
office by endorsing Unclaimed Returned to
sender". The respondents 1 and 2 ready to make
payment of compensation to the Petitioner and also
to the 3 respondent. But the Petitioner alone is
delayed the payment of compensation by ways of
retaining the Letter communicated from the 2
respondent office. As stated above there is no delay
on the part of 1 and 2 Respondents. Further action
will be made soon on appearance of the Petitioner
before 2 Respondent by recording her statement.”
6. It is clear from the counter affidavit filed by the second
respondent that there is already a preliminary decree passed in the partition
suit in O.S.No.18 of 2006 where the petitioner and her brother were held to
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
have half share in the property. The children of the third respondent
through the second marriage will also be entitled for the share by virtue of
Section 16 of the Hindu Succession Act.
7. In view of the above, there shall be a direction to the first
respondent to conduct an enquiry, by issuing notice to the petitioner, her
brother and two children, viz., Lingam and Sivakumar born through the
second marriage of the petitioner’s father. The first respondent shall pay
the compensation in line with the share to each of the parties, who shall be
entitled, by taking into account the decree passed in the partition suit in
O.S.No.18 of 2006. This process shall be completed by the first
respondent within a period of six (6) weeks from the date of receipt of a
copy of this order.
8. This Writ Petition is disposed of with the above directions.
No costs.
12.10.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
To
1.The Special District Revenue Officer,
(Land Acquisition National Highways),
Ramanathapuram, Ramanathapuram District.
2.The Special Tahsildar,
(Land Acquisition National Highways),
Unit-I, Manamadurai,
O/o. the Special Tahsildar,
National Highways-49,
Manamadurai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3653 of 2021
N.ANAND VENKATESH, J
tsg
W.P.(MD)No.3653 of 2021
12.10.2023
https://www.mhc.tn.gov.in/judis
