STATE OF TAMIL NADU Vs. N RAMAMOORTHY

JUDGEMENT

(1.) THIS appeal is by the State against the order made in W.P. No. 27844 of 2008, dated 24.6.2009. The respondent herein is the writ petitioner.

(2.) THE prayer in the writ petition was for issuance of a direction upon the appellants to transfer the patta and re-convey the property to the writ petitioner in respect of Survey Nos.76/1, 76/2, 76/5 and 80/4 with an extent of 1.98, 0.12, 3.00 and 0.54 acres of Jeyganperumalpatti Village, Salem Taluk.

(3.) PER contra, the learned Counsel appearing for the respondents would submit that merely on account of the death of the writ petitioner's father will not render the order passed in the writ petition as void and the present proceedings being a proceedings under Article 226 of the Constitution of India, the provisions of the Code of Civil Procedure cannot be made applicable and the proceedings will not abate. Further, the learned Counsel would submit that the appellant originally acquired an extent of 267 acres at Ayyamperumalpatti Village, Salem Taluk and the lands belonging to the writ petitioner's father measured 5.64 acres and as on date, except for 20 acres of land, the appellants have not taken possession of remaining portion and the Acquisition proceedings in respect of the lands in Survey Nos. 90/1 A, 89/3, 89/6, 89/2A, 89/2B, 90/1C, 90/1D, 90/8B, 90/1H, 90/8A, 85/3, 83/4B, 88/1, 89/4,90/6, 90/5, 89/5 and 87/10 lapsed, since the award was not passed within time and this has been admitted by the Third appellant in his proceedings dated 22.1.1990. Further, the learned Counsel would submit that the lands in Survey Nos. 83, 83/4A, 84/11-B, 84/12, 85/1 & 114/4 have been deleted from the Acquisition proceedings by orders passed by the Government. Further, the scheme originally envisaged has not been implemented, despite lapse of 26 years. Therefore, it is submitted that the writ appeal is devoid of merits.