S R KRISHNAMOORTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner have filed this writ petition challenging the acquisition proceeding in respect of their land situated in Vannivedu village, Wallajah Taluk.

(2.) THE notification under Sec.4(1) of the Land Acquisition Act was published in the gazette on 31.3.1993. THE substance of the same was published in the locality on 28.4.1993.After conducting the enquiry under Sec.5-A of the said Act, the declaration under Sec.6 was made on 26.4.1994. THEreafter, the award enquiry was conducted on 10.1.1995 and the award was also passed on the same day.

(3.) IN view of certain admitted facts, there is no need to elaborate the facts. Admittedly the petitioners" sister and one brother appeared during the enquiry under Sec.5-A of the said Act and gave the names of the persons who are interested in the land sought to be acquired. When that be the case, as held by the Full Bench of this Court in P.C.Thanikavelu v. Special Deputy Collector, L.A. Madras P.C.Thanikavelu v. Special Deputy Collector, L.A. Madras P.C.Thanikavelu v. Special Deputy Collector, L.A. Madras (1989)1 MLJ. 222: A.I.R. 1989 Mad. 222 the Land Acquisition Officer is bound to serve the notice on the interested persons. To extract the principles laid down by the Full Bench is as follows: