PAPPAMMAL Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) CHALLENGING the order made in W.P. No.6790/2007, directing the second respondent/District Collector, Virudhunasar to make a reference under Section 30 of the Land Acquisition Act [for short, the Act], claimant in LAOP No.5/2002, who were respondents 2 to 5 In W.P. No.6790/2007, have preferred this Appeal.

(2.) FACTS in a nutshell, which led to the filing of this Appeal, are as follows : First respondent and Appellants 2 and 3 and late Murugesan are the sons of Appellant Papammal. 4th respondent Saraswathi is the wife of late Murugesan and daughter-in-law of the first Appellant. Property in S. Nos.400/2, 405/2 and 406 of Villpathri Village, Aruppukottai Taluk, Virudhunagar District and other properties belonged to late Subban Chettiar, husband of the first Appellant. Subban Chettiar has settled certain items of properties in favour of his wife first Appellant. After the death of Subban Chettiar, there was partition in the family of Subban Chettiar and by a registered Sale Deed dated 10.07.1974, the properties were divided. As per the partition Deed, `A' Schedule property which includes the above said S.Nos.400/2, 405/2 and 406 and other items of properties was given to the first Appellant. The first Appellant is to enjoy `A' Schedule property during her life time without encumbering or alienating the properties. After her life time, all four sons would be equally entitled to `A' Schedule property.

(3.) THE compensation was enhanced to Rs.700/- per cent and payable with intarest @ 12% p.a. On the total compensation amount payable, 30% solatium was also awarded. As such, the District Collector has deposited Rs.25,07,031/- as compensation amount.