MUTHUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is directed against the order made in W.P.No.2416 of 1998 dated 21.9.2006, dismissing the writ petition filed by the appellant, questioning the land acquisition proceedings, viz., notification under Section 4(1) of the Land Acquisition Act, 1894 issued under G.O.Ms.No.171 dated 10.2.1995 and the declaration made under Section 6 under G.O.Ms.No.185, dated 26.3.1996, insofar as the appellant's land with an extent of 0.52 Hectares in S.No.502/4 situated in Kasipalayam Village, Erode Circle, Erode District.

(2.) THE case of the appellant is that he is an agriculturist, owning the above said land, which is his ancestral property and according to him it is his only agricultural property. THEre are standing crops and trees, apart from a temple by name Kuppusamy Koil existing in the said land, where poojas are being conducted. THE first respondent issued G.O.Ms.No.171 dated 10.2.1995 under Section 4(1) of the Land Acquisition Act, 1894, proposing to acquire the said land for the purpose of constructing houses by the Tamil Nadu Housing Board. THE said land was originally owned by the appellant's grandfather by name Vadamalai Gounder, who died 40 years ago and after his demise, the father of the appellant by name Ramasamy Gounder enjoyed the property till the year 1985 and after his demise, the appellant being the only legal heir, became the absolute owner of the property.

(3.) THE learned counsel for the appellant argued only with regard to the non-consideration of the objections raised relating to the existence of the Temple, and not pressed the other points urged before the learned single Judge. In view of the said submission of the learned counsel for the appellant, we have called for the records relating to the acquisition proceedings for perusal. Accordingly the records were produced before us by the learned Special Government Pleader and we perused the same.