A. S MARIMUTHU Vs. MINISTRY OF TELECOMMUNICATIONS

JUDGEMENT

(1.) This writ petition is a text book as to how the instrumentality of a State has attempted to unjustly enrich itself and had thereby virtually grabbed the property belonging to the petitioner measuring an extent of 59 cents by paying a paltry sum of just Rupee one.

(2.) The petitioner has knocked the doors of this Court by stating that he is the owner of the subject property measuring an extent of 59 cents, which was purchased by him by virtue of a registered sale deed dated 12.4.1999 by paying a sale consideration of Rs.28,520/-. The petitioner had purchased this property with a laudable object of constructing a memorial for his father, who is claimed to be a philanthropist and a successful businessman and who was very popular in the locality. During the year 2001, the third respondent was in search of a suitable land for constructing a telephone exchange for Bharat Sanchar Nigam Limited (BSNL). The third respondent had approached the petitioner and the petitioner had informed the third respondent that he will give the property free of cost to BSNL provided that the building in which the telephone exchange will operate should be named after the father of the petitioner.

(3.) The further case of the petitioner is that the third respondent informed him that the property cannot be taken as a gift as per the policy of the Government. The petitioner had informed the third respondent that he will pay a token consideration of Rupee one for conveying the property and that the petitioner is more interested in the building being named after his illustrious father.