RAMATHAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come forward to challenge a notification issued under Section 4(1) of the Land Acquisition Act, 1894 dated 13.09.1995 as well as the Declaration made under Section 6 and published in the Government Gazette on 27.09.1996 and the Award passed in Award No.4/98 dated 28.09.1998 relating in Survey No.12/1 and 13/1 of Vellakinar village, Coimbatore Taluk on the file of the 3rd respondent - Land Acquisition Officer, Coimbatore.

(2.) THE writ petition was admitted on 24.11.2009. Pending the writ petition, this Court granted an interim stay of dispossession if the petitioner had not already been dispossessed.

(3.) THE petitioner claimed that the lands in S.Nos.12/1 and 13/1 to the extent of 4.87 acres in Vellakinar Village, Coimbatore Taluk was assigned in her favour under the Vinoba Boomi Dhana Scheme in the year 1964. She had been in possession of the land and cultivating crops ever since the date of assignment. She was also granted Patta Pass Book in the year 1994. She has no other property other than this agricultural land. She has been paying kist and receipts were also issued in favour of the petitioner. THE ownership certificate was also given in respect of the said land. When the 4th respondent attempted to interfere in the aforesaid property during July 2009, she made representations. On receipt of the representation, the District Backward and Minority Welfare Officer, Coimbatore forwarded a communication dated 21.08.2009 to the 4th respondent Housing Board to take action on the representation. It is only thereafter, the petitioner came to know that land acquisition proceedings were initiated in respect of the said land by G.O.Ms.No.670 dated 31.07.1995 and subsequently, Declaration under Section 6 was made on 26.06.1996 and an Award was passed on 28.09.1998. THE notification issued by the respondents stands in the name of Tamil Nadu Boodan Board.