S.RAJALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed to issue a writ of mandamus, directing the respondents to pay compensation to the tune of Rs.70,000.00 to the petitioner.

(2.) The case of the petitioner is that she purchased the property, comprised in survey No.9/1 ad-measuring 20 cents, in survey No.10/2 ad- measuring 28 cents, in survey No.10/4 ad-measuring 19 cents and in survey No.12/6 ad-measuring 63 cents, situated at Marudheri Village, Vallam, Gingee Taluk, from the fourth and fifth respondent herein. The petitioner purchased the said property for valid consideration to the tune of Rs.93,000.00 (Rupees Ninety Three Thousand only) and on the date of purchase itself, the possession of the entire property was handed over to the petitioner by a registered sale deed dtd. 2/8/2007 vide document No.1931 of 2007. Before purchase of the property, the petitioner obtained Encumbrance Certificate from the third respondent dtd. 31/7/2007.

(3.) A perusal of the Encumbrance Certificate reveals that the petitioner's father applied for Encumbrance Certificate in respect of the properties comprised in survey Nos.4/22A, 4/22B, 9/1, 10/2, 10/4, 10/18 and 12/6 for the period from 1/1/1987 to 30/7/2007. On verification of the Encumbrance Certificate, the father of the petitioner found that the property, which was purchased by him, was free from all encumbrance.