M KALIYAPERUMAL Vs. CHIEF MANAGER LAND ACQUISITION

JUDGEMENT

(1.) THE prayer in the writ petition is for issuing a mandamus, directing the respondents to allot an alternative land to the petitioner in lieu of the acquisition of the petitioner's land and house situated at New No.236 (Old No.597), Bhuvaneshwari Nagar, Periyakurichi Village, Virudhachalam Taluk, Neyveli - 607 802, Cuddalore District by the 3rd respondent for the benefit of the 1st respondent.

(2.) THE writ petition was admitted on 30.01.2006. During pendency of the writ petition, the original petitioner died and the petitioners 2 to 5 are substituted as legal representatives of the deceased petitioner by order dated 15.10.2009. THE legal representatives are now pursuing the writ petition.

(3.) THE original petitioner submitted several representations to the respondents and requested to allot an alternate land for constructing a house in lieu of the land and house already acquired on behalf of the 1st respondent, of which possession was also taken. On 11.07.2002, the 3rd respondent issued a letter and stated that his request was considered and recommended to the 1st respondent and the original petitioner was advised to meet the 1st respondent to get an alternate land. THE original petitioner visited the 1st respondent's office several times and the 1st respondent insisted to produce the family card as proof of residence in the acquired land and building for 5 years before the date of issue of 4(1) notification issued under the Land Acquisition Act, 1894.