P KALAIVANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE issue involved in all the three writ petitions is common and by consent of both the counsel, all the writ petitions are taken up for joint disposal.

(2.) THE petitioner in W.P. No. 18722 of 1994 is the owner of an extent of 1078.8 sq.ft in Survey No. 590/6A1N of Sevilimedu by virtue of Document No. 1712 of 1993 on the file of Sub-Registrar's office, Kanchipuram.

(3.) THE above W.M.Ps. have been filed seeking for the appointment of a Commissioner to inspect the area and submit a Report, so that this Court can have the details with regard to the existence of several buildings apart from the petitioners houses. This Court dismissed those W.M.Ps on the ground that the relevant date to give the benefit to the petitioners as bona fide purchasers would be the date of construction of, the building. If the construction had been put up subsequent to the initiation of the acquisition proceedings, then the petitioners may not be entitled for any benefit and as such under the writ proceedings the date of construction, involving the factual question, cannot be gone into. THE mere existence of the building will not enable the petitioners to claim any benefit and as such the physical features of the land as on date may not be of any help to the petitioners, or any relevance for the disposal of the writ petitions.