M.MADHAN MOHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. D. Baskar, learned counsel for the petitioner, Mrs. A. Srijayanthi, learned Special Government Pleader appearing for respondents 1 to 4 and Mr. Jayesh B. Dolia, learned counsel appearing for the 5th respondent. This Writ Petition is filed seeking to quash the impugned notification of the 1st respondent issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') in G.O.Ms. No. 68, Energy (C1) Department dated 30.08.2011 and Section 6 Declaration in G.O.Ms. No. 76 Energy (C1) Department, dated 16.09.2011 and to forbear the respondents herein from in any manner proceeding with acquisition of the lands of the petitioner comprised in Survey No. 116/1, 116/2, 117/13, 118/8, 118/9, 118/10, 119/7B, 119/9, 120/3A, 127/2, 128/1A, 128/1B, 128/2, 129/1, 130/2, 130/3, 130/4, 131/1, 131/2, 131/4, 132/1, 132/2, 132/3, 133/1, 133/2, 133/3, 133/5, 137/3, 138/6, 138/7A, 138/8A, 138/10A, 139/1, 139/4, 139/5A, 139/6A, 143/1A, 144/1, 144/2, 144/3, 145/1, 145/2, 146/1, 146/2, 147/1, 147/2, 147/3, 147/4, 148/1, 148/2, 148/3, 148/4, 148/5, 148/6, 148/7, 148/8, 148/9, 148/10, 148/11A, 148/12A, 149/1, 149/2, 149/3, 149/4, 149/5 measuring an extent of 43.16.0 Hectares in Somanahalli Village and Survey Nos. 54/4A2, 54/3F2B, 56/4D, 56/4E, 56/4F, 56/4G of an extent of 4.02.5 Hectares in Pangunatham Village, Dharmapuri Taluk and District.

(2.) According to the petitioner, he is an Agriculturist, owning Agricultural lands in Somanahalli Village comprised in the above Survey Numbers and lands in Pangunatham Village comprised in Survey Nos. 54/4A2, 54/3F2B, 56/4D, 56/4E, 56/4F, 56/4G in Somanahalli Village, Dharmapuri Taluk and District, measuring a total extent of about 80 acres. He claims to have purchased the same out of his hard agriculture labour under various Sale Deeds for a valuable consideration and mutation of his name in the Revenue Records has also been made. Consequently, Patta has also been given in his favour.

(3.) On 19.04.2011, the Revenue Officials of Dharmapuri Taluk and the 5th respondent along with 200 Policemen came to the petitioner's lands and informed him that he should vacate the said lands, as they are required for the establishment of the 5th respondent Company. As the respondents have not followed the procedures contemplated under the law, the petitioner approached this Court by way of a Writ Petition in W.P.No. 10951 of 2011 for the issuance of a writ of mandamus directing the respondents 1 to 3 therein not to evict him without following the due process of law. On 21.06.2011, this Court, after recording the submissions of the Government and the 5th respondent, disposed of the said Writ Petition in the following terms: