LAWS(MAD)-2009-8-85

JAYALAKSHMI Vs. GOVERNMENT OF TAMIL NADU

Decided On August 26, 2009
JAYALAKSHMI Appellant
V/S
GOVERNMENT OF TAMIL NADU, Respondents

JUDGEMENT

(1.) THE petitioners have come up with the present writ petition for a mandamus directing the respondents to pay compensation as contemplated under the Provisions of Tamilnadu Acquisition of Land for Industrial Purpose Act, 1997 to the lands comprised in Survey No.350 in Kammapuram Village, Virudhachalam Taluk, Cuddalore District.

(2.) THE case of the petitioners, in nutshell, are set out here under:-2.1. THE petitioners are in possession and enjoyment of the Agricultural lands comprised in Survey No.350 in Kammapuram Village, Virudhachalam Taluk, Cuddalore District for more than 50 years. Initially, the petitioners were issued with 'B' memo under the Tamil Nadu Encroachment Act and later on, they have been provided with 2C pattas for the said lands by the Government of Tamil Nadu. THE petitioners are entitled for patta in terms of Government notification that all those persons who have been in possession and enjoyment of Government Poramboke lands for more than five years are eligible for patta for the said land and they have also been provided with 2C patta confirming their possession and enjoyment.2. 2. THE Government issued G.O.Ms.No.66, Industries Department dated 17.05.2005 and thereby accorded administrative sanction for acquiring the lands under the Provisions of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, (herein after referred to as the Act), for acquiring the lands measuring an extent of 1929.29.85 Hectors in favour of the Neyveli Lignite Corporation.2.

(3.) MR.K.Sathivel, learned counsel appearing for the petitioners, MRs.D.Geetha, Learned Additional Government Pleader, appearing for respondents 1 and 2 and MR.N.A.K.Sharma, learned counsel appearing for the third respondent have made their submissions based on the pleadings referred to above.