S RAMASAMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) AN extent of 0.93.0 hectares in survey No.13/5, Mathagupatti Village, originally belonged to one ST.Srinivasa Chettiar, the father of the petitioner. A Notification under Section 4(1) of the Land Acquisition Act 1894, was issued by the first respondent, proposing to acquire land for the purpose of providing house sites to the Most Backward Class people of Mathagupatti Village. Accordingly, the said notification was pased in Government Order G.O.3D No.148, Backward Classes and Most Backward Classes Welfare Department dated 01.12.1993. A notice under Section 5-A of the Land Acquisition Act was issued in favour of the petitioner on 25.02.1994. The petitioner gave his objection. Thereafter, a declaration was passed by the first respondent, which was followed by an award.

(2.) THE petitioner's mother filed a writ petition in W.P.No.4333 of 1995 before this Honourable Court, challenging the declaration and the award passed. THE Honourable High Court by holding that, inasmuch as the 3rd respondent has failed to issue notice to the legal heirs of the deceased ST.Srinivasa Chettiar, the declaration and the award cannot be sustained. Accordingly, the declaration passed under Section 6 was set aside, with liberty to the respondents to proceed further in accordance with law. In the meanwhile, the petitioner's brother S.Chidambaram also filed a writ petition in W.P.No.17166 of 1995, challenging G.O.3D No.117, Backward Classes and Most Backward Classes Welfare Department dated 30.12.1994. In W.P.No.17166 of 1995, this Honourable Court, taking note of the order passed in W.P.No.4333 of 1995 dated 31.07.2001, has allowed the writ petition filed by the petitioner's brother, in an order dated 11.07.2002, by quashing the declaration passed under Section 6, with liberty to the respondent to proceed further from the stage of 4(1) Notification after giving an opportunity to the petitioner therein to participate in 5-A enquiry. THE learned Judge of this Honourable Court has directed that, the above said exercise shall be commenced by the respondent within a period of one month from the date of receipt of a copy of the order passed in W.P.No.17166 of 1995 dated 11.07.2002.

(3.) NO counter has been filed by the respondents. However, the learned Additional Government Pleader based upon the records submitted that, the proceedings have been continued, considering the fact that the liberty has been given to the respondents to proceed from the stage of the notification issued under Section 4(1) and therefore, the period of one year will have to be recounted from the issuance of notice and not from the earlier notification issued under Section 4(1) as per the order of this Honourable Court passed between the parties. Hence, it is submitted that, the writ petition will have to be dismissed.