PALANI NAICKER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ appeals are directed against the common judgment of a learned Judge of this Court by which writ petition Nos. 4839, 4840 and 4841 of 1982 were dismissed. We are concerned with writ appeal Nos. 157 and 158 of 1984 which are directed against writ petition Nos. 4839 and 4840 of 1982.

(2.) THE respondents proceeded to acquire certain land avowedly for a public purpose. THE appellants have their lands in Survey nos. 63/1 of Koyam-bedu village. THE appellant in w. A. No. 157 of 1984 has his holdings to the extent of 20 cents while the appellant in W. A. No. l58 of 1984 has his holdings to the extent of 60 cents. Sec. 4 (1) Notification under the Land Acquisition Act was issued on 21. 6. 1975. THE substance of the notification was admittedly published between 4. 6. 1975 and 6. 6. 1975. THE appellant in both the appeals filed their objections by 30th June, 1975 and this fact is borne out from the records produced by the learned Special Government Pleader. THE competent authority forwarded the objections raised by the appellants to the requisitioning authority as required by Rule 3 (b) of the Rules framed under the Act, Enquiry under Sec. 5-A was held and concluded on 20. 6. 1976, whereafter on 13. 5. 1978 Sec. 6 declaration was issued.

(3.) IN view of the above discussion, the judgment of the learned single Judge is set aside. The writ petitions would consequently stand allowed to the extent we have indicated hereinabove. The writ appeals are allowed. There shall, however, be no order as to costs.