BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice N.MALA, J
A. Chandra Bose – Appellant
Versus
Government of Tamil Nadu, Rep. by Principal Secretary, Department of Adi Dravidar and Tribal Welfare Department – Respondent
ORDER :
The petitioner has filed this Writ Petition for a writ of certiorarified mandamus, to call for the records relating to the impugned order of the second respondent in Na.Ka.No. 2/704/2023, dated 14.12.2023, and quash the same and consequently direct the second respondent to disburse the amount as per the market value, with interest.
2. The brief facts necessary for consideration of the Writ Petition are that the petitioner's adoptive father, namely, Krishnan, executed a Will in favour of the petitioner and his brother on 13.11.1991, bequeathing the property in Survey No.144/3C2, to an extent of 0.49.5 Ares. The said Will was registered on the file of Madhukulathur Sub-Registrar Office in Document No. 29/1991 in Book No.III. While so, the third respondent acquired the property for the purpose of providing house sites to landless Adi-Dravidars and an award was passed, determining compensation at Rs.7,181/-. Notice under Section 12 (2) of the Land Acquisition Act was also issued to the petitioner's adoptive father, directing him to collect the award amount. Though the petitioner's adoptive father approached the respondent, compensation amount was not paid to him. In the meantime,
The court affirmed that a valid legal heirship certificate and clear reference in a Will are essential for claiming compensation for acquired land, which the petitioner failed to establish.
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