M RAYAPPA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed originally by the writ petitioner M.Rayappa Gounder since deceased challenging the order passed by the first respondent in G.O.Ms.No.494, Industries Department, dated 25.09.1992 under Section 4(1) of the Land Acquisition Act, 1884, and the declaration passed under Section 6 of the said Act in G.O.(2D) No.309, Industries Department, dated 25.11.1993.

(2.) PENDING disposal of the writ petition, this writ petition was dismissed as abated, since steps were not been taken to bring on record the Legal Representatives of the deceased/writ petitioner. It is seen from the records that the original writ petitioner, M.Rayappa Gounder died on 24.09.1999. The writ petition was dismissed for abatement on 17.03.2006. Thereafter, it was restored on 13.12.2010 by an order of this Court and the petitioners 1 to 3 herein have been substituted as petitioners in the writ petition.

(3.) THE above said facts would indicate that notice has been sent and served on the writ petitioner in the name of Ramaiah Gounder. It is seen that even in the affidavit it has been mentioned that the petitioner has got two names, one is Rayappa Gounder and another is Ramaiah Gounder. Since the writ petitioner's name has been registered in the public revenue records as Rayappa Gounder, the notice has been sent to him and served on him in the above said name. However, the original writ petitioner did not appear in the 5A enquiry proceedings as well as in the Award enquiry. It is further seen that the Award was passed within two years from the publication of the substance of the declaration. As narrated above, the publication of the declaration was made in the local dailies only on 10.12.1993 and 13.12.1993 whereas the Award was passed on 05.12.1995.