K N PALANIVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioners have filed this writ petition praying to issue a writ of mandamus directing the respondents not to interfere with the first petitioner's possession of 4.86 acres in S.Nos.6/11, 6/12, 6/13, 6/18, 6/19 and 6/20 of Mummudi Chozhagan village, Virudachalam Taluk, South Arcot District and the second petitioner's possession of 3.74 acres in S.Nos.6/1, 6/3, 6/4, 6/6, 6/7, 6/8 and 6/9 of Mummudi Chozhagan village, Virudachalam Taluk, South Arcot District, except in accordance with the provisions of the Land Acquisition Act.

(2.) IN the affidavit filed in support of the writ petition, the petitioners would submit that they are the brothers; that the lands morefully described in the writ petition measuring 4.86 acres falling under different Survey Numbers are belonging to the first petitioner and the other lands totally measuring 3.74 acres falling under different Survey Numbers are belonging to. the second writ petitioner that they having purchased the same under different sale deeds they are also respectively in possession and enjoyment of the same; that the said lands were originally assigned in favour of their vendors subject to the condition that for a period of ten years, the lands should not be sold in favour of others and they should be brought under cultivation within a span of five years and that only on compliance of those conditions, they purchased the said properties in outright sale; that there are also two houses and two casuarina trees all valuing Rs .2,60,000.

(3.) IN result, the above writ petition is allowed. The respondents are directed to proceed further with the acquisition of the lands in accordance with law. However in the circumstances of the case, there shall be no order as to costs.