RAVI SAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The writ petition is filed to issue a writ of certiorari calling for the records of the first respondent pertaining to the notification issued under Sec. 4 (1) of the Act, 1894 notified in the gazatte on 20/3/1991 and the declaration made under Sec. 6 of Act, 1894 notified in the Gazatte on 28/5/1992 and the award proceedings in Award No.2/94 dtd. 23/5/1994 of the second respondent in respect of the lands measuring an extent of acre 3.03 cents comprised in SF.No.411/1 and 411/2 in Vilankurichi Village, Coimbatore North and quash the same.

(2.) The case of the petitioner is that his grandfather late V.Gopal Naidu owned property to an extent of 9.10 acres with other properties comprised in Vilankurichi village and other villages, Coimbatore District. The said Gopal Naidu along with his wife Chinnammal, his sons

(3.) The learned Senior Counsel, Mr.AR.L.Sundaresan appearing for the petitioner submitted that the subject land comprised in SF.No.411 to an extent of 9.10 acres are described under the 4(1) notification and it was issued in the name of the petitioner's father's brother Krishna Naidu and P.S.G Ganga Naidu and Sons Trust admeasuring 1.65.0 hectares. They are not registered owners of the property and they do not have any ownership, right or interest over the property. The property comprised in SF.No.411/2 admeasuring 2.03.5 hectares is notified in the name of the petitioner's father i.e. Narayanasamy along with Raju Naidu and Balakrishnan. Thus, the total extent of 9.10 acres comprised in SF.No.411 was sub divided at the time of issuance of notification under Sec. 4(1) of the Act. Accordingly, in the same manner, Sec. 6 declaration and the award proceedings issued in the name of the petitioner's father and his brother's name. The petitioner and his family members are continued to be owners as per the documents, revenue records and notifications and in fact, the said P.S.G Ganga Naidu Sons and Trust, Balakrishnan, Raju Naidu never challenged the acquisition proceedings in respect of the subject property. In the Resurvey and Resettlement Register, the petitioner's grandfather P.Gopal Naicker is entered with respect to the land comprised in SF.No.411 to an extent of 9.10 ares at Vilankurichi. For the fasli year 1398 to fasli year 1401 relating to the period during which the acquisition proceedings were initiated, the entries relating to ownership and occupation, the petitioner's father and his brother's name are shown. Other revenue documents such as adangal, chitta produced and clearly show that there is cultivation by them.