Madras High Court
S.Ramalingam vs The District Collector on 25 November, 2024
Author: P.T.Asha
Bench: P.T.Asha
WP.No.34687 of 2024
In the High Court of Judicature at Madras
Dated : 25.11.2024
Coram :
The Honourable Ms.Justice P.T.ASHA
Writ Petition No.34687 of 2024
S.Ramalingam ...Petitioner
Vs
1.The District Collector,
Cuddalore District.
2.The General Manager, Land
Department, Neyveli Lignite
Corporation Ltd., Neyveli.
3.The Chairman & Managing
Director, Corporate Office,
Neyveli Lignite Corporation
Ltd., Neyveli. ...Respondents
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the first respondent
to consider the petitioner's representation dated 28.10.2024 and pass
appropriate orders.
For Petitioner : Mr.A.Arasu Ganeshan
For R1 : Mr.A.Selvendran, SGP
For R2 & R3 : Mr.N.Nithyanandam
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WP.No.34687 of 2024
ORDER
The above writ petition has been filed seeking a direction to the first respondent to consider the petitioner's representation dated 28.10.2024 and pass appropriate orders in a time bound manner.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for the first respondent and the learned Standing Counsel accepting notice for respondents 2 and 3.
3. The representation that the petitioner seeks to dispose of is one that is addressed to the first respondent to direct respondents 2 and 3 to pay eligible compensation for the patta land, which has been arbitrarily encroached and for loss of cultivation for the past 34 years.
4. The case of the petitioner is that 30 years ago, respondents 2 and 3 acquired an extent of 1.25 acres in S.No.153/7, Kolakudi Village, Kurinjipadi Taluk, Cuddalore District, for which, patta No.416 stood in the name of the petitioner's ancestors for converting it into paravanaru river channel. Since water is flowing through this channel, the petitioner is not able to cultivate the lands for the past 30 years. The grievance of the petitioner is that he has to be compensated for the https://www.mhc.tn.gov.in/judis 2/5 WP.No.34687 of 2024 same.
5. It is seen from the papers enclosed along with the affidavit filed in support of the writ petition that pursuant to the petitioner's representation dated 26.3.2024, the second respondent issued a communication dated 30.3.2024 wherein it was clearly and categorically stated that the Neyveli Lignite Corporation Limited had not encroached into the lands of the petitioner.
6. The Tahsildar, Kurinjipadi Taluk appears to have given a ownership certificate dated 07.6.2023 to the petitioner in respect of S.No.153/7 measuring an extent of 0.50.5 ares as belonging to one Mr.Rajangam, S/O Ayyakannu, one Mr.Sombu, S/o Muthusamy and one Mr.Aadhimoolam, S/O Veeran. It also states that in 60 cents of the aforesaid land, the Neyveli Lignite Corporation India Limited dug a channel and built a dam and this had come to light while conducting a joint inspection by both the Revenue Inspector and the Firka Surveyor, Kurinjipadi. However, this is not backed by any records.
7. Be that as it may, 30 years after the acquisition, the petitioner has come forward with the instant writ petition seeking compensation, which cannot be countenanced.
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8. Accordingly, the writ petition is dismissed. No costs.
25.11.2024 To
1.The District Collector, Cuddalore District.
2.The General Manager, Land Department, Neyveli Lignite Corporation Ltd., Neyveli.
3.The Chairman & Managing Director, Corporate Office, Neyveli Lignite Corporation Ltd., Neyveli.
RS https://www.mhc.tn.gov.in/judis 4/5 WP.No.34687 of 2024 P.T.ASHA,J RS WP.No.34687 of 2024 25.11.2024 https://www.mhc.tn.gov.in/judis 5/5