C.V. KRISHNASWAMI Vs. STATE OF TAMIL NADU
LAWS(MAD)-2014-9-275
HIGH COURT OF MADRAS
Decided on September 18,2014

C.V. Krishnaswami Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

- (1.)The petitioner submits that he is the power agent of his daughter Dr.Shanthi Rajendran and her husband G.Rajendran. The petitioner submits that he has purchased to an extent of 1.02 acres of land in S.F.No.185/1, in Kavandanpalayam Village, Coimbatore North Taluk, Coimbatore District for the purpose of enabling his daughter and son-in-law, to put up a hospital in the said 1.02 acre of land. The petitioner further submits that the lands purchased for his daughter and his son-in-law on 24.11.1995 are adjacent to the land bearing S.F.No.185/2 purchased by him. The petitioner further submits that the said land has been purchased after due verification with the Revenue Authorities. He was not aware that the lands were in the Land Acquisition Proceedings. A portion of the land bearing S.F.No.185/2 of Southern side, which he has purchased belongs to him has been deleted from the Land Acquisition Proceedings under the instructions of Additional Collector, who is attached to Coimbatore District.
(2.)The petitioner additionally added that after purchasing the said land they are in possession and enjoyment from the very date of purchase after fencing the land. There are no hospitals or medical centres in the vicinity. Hence, he applied for the sanction for the construction of the hospital on the lands purchased by him and his daughter and son-in-law. He also obtained sanction from the Government for the construction of the Hospital. The Tahsildar, Coimbatore, had issued a certificate in Pa.Mu.1072/98 A6 dated 11.03.1998 to the effect that the land in S.F.No.185/1 belonging to Shanthi Rajendran and G.Rajendran does not include any poramboke land and no notification under Section 4(1) of the Land Acquisition Act, 1984 has been issued in the said lands.
(3.)The petitioner further added that he has been paying kist and tax for the lands in S.F.Nos.185/1 and 185/2 in pursuant to the purchase of land in 1995. The Revenue Department issued patta Nos.10 and 442 in favour of the previous owners Palanisamy, Natarajan and others. Subsequently, to the purchase of the lands, the Revenue Department issued patta pass book No.098857 in favour of Mrs.Shanthi Rajendran and No.147671 in favour of G.Rajendran in respect of the land they purchased. He made representation dated 23.02.2004 to the District Collector, Coimbatore requesting him to consider his request to release the lands in S.F.No.185/1 for the purpose of constructing the Hospital and a Medical Centre. He undertook to bear the cost incurred by the Department towards Land Acquisition Proceedings. Further, he sent representations dated 27.04.2004, 03.08.2004 and 09.07.2007 to the Special Commissioner and the Commissioner of Land Acquisition explaining the above aspects. It is pertinent to note that on the basis of the recommendations of the Additional Collector, Coimbatore, the land belonging to Palanisamy comprised in S.F.No.185/2 was deleted from the Land Acquisition Proceedings. His daughter Shanthi Rajendran and son-in-law G.Rajendran purchased the lands based on the encumbrance certificate bearing No.178, dated 05.01.1996 showing no encumbrance with respect to the Land Acquisition Proceedings taken by the Government issued by the Sub-Registrar, Gandhipuram, Coimbatore, on the basis of assurance given by the erstwhile owners. The said lands were purchased with the noble object to construct the hospital and medical centre to cater to the needs of the people in the locality.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.