LAWS(MAD)-2011-4-542

K R SAMINATHAN Vs. STATE OF TAMIL NADU

Decided On April 20, 2011
K.R. SAMINATHAN Appellant
V/S
STATE OF TAMIL NADU, BY ITS COMMISSIONER AND SECRETARY Respondents

JUDGEMENT

(1.) (Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for records on the file of the 5th respondent vide in proc.Sa.Ma.Tho.E/191/Publication/2011 published in Daily Thanthi dated 10.02.2011 and directing the 1st respondent to exclude the lands in S.No.66, S.No.66/1, acres 3.88 cents, Ganapathy Village, Coimbatore by virtue of Section 4(1) of the Land Acquisition Act, 1894, Central Act I of 1894 and G.O.Ms.1274 dated 18.8.1983.) 1. Writ Petition is filed praying to issue a Writ of Certiorari, to call for records on the file of the 5th respondent vide in proc.Sa.Ma.Tho.E/191/Publication/2011 published in Daily Thanthi dated 10.02.2011 and directing the 1st respondent to exclude the lands in S.Nos.66, and 66/1 to an extent of 3 Acres and 88 Cents, situate at Ganapathy Village, Coimbatore by virtue of Section 4(1) of the Land Acquisition Act, 1894, Central Act I of 1894 and G.O.Ms.1274 dated 18.8.1983.

(2.) THE Writ Petition has been filed on 2.3.2011 challenging the Paper Publication made by the fifth respondent in the Tamil Vernacular Daily Thanthi dated 10.2.2011 calling for promoting the property acquired, viz., in S.No.66/1 situate at Ganapathy Village, Coimbatore.

(3.) THE relief sought for by the petitioners is not for reconveyance of the land, but for setting aside the paper publication issued by respondents 4 and 5. THE petitioners having lost the right to the land after it has been acquired by the State, which has been handed over to the respondents 4 and 5, have no jurisdiction or locus to challenge any action that may be taken by the respondents 4 and 5 in respect of the property vested with them.