V. KAILASAM Vs. DISTRICT EMPLOYEES EXCHANGE OFFICER

JUDGEMENT

(1.) THE writ petition in W.P. No. 7801 of 2009 had been filed by one V.Kailasam, son of Veeraboyan, whose land had been acquired by the Special Tahsildar (Land Acquisition) for the forming of a railway line. The writ petition in W.P. No. 7825 of 2009, had been filed by the grand son of the said Veeraboyan. In the above writ petitions, it has been stated that Veeraboyan was the owner of 5 acres and 14 cents of land, in Patta No. 407, in S.Nos.1121 and 1122 at Sevathur Village, Tiruppattur Taluk, Vellore District. It has been further stated that the said lands had been acquired for the formation of a railway line. Veeraboyan and the members of his joint family were carrying on agricultural activities and they were eking out their livelihood only from the said lands. The lands in question had been acquired after a 4(1) notification had been issued and after a 5A enquiry had been conducted, as per the provisions of the Land Acquisition Act, 1894.

(2.) IN fact, during the 5A enquiry, an annexure giving the details of the owners and the extent of the lands acquired had been furnished showing Veeraboyan, Betta Boyan, Kailasam, wrongly shown as Kailesan and Krishnan as the owners of the lands. However, an award had been passed, on 30.11.1973, wrongly, in the name of Veeraboyan, even though partition of the properties, amongst the family members of Veeraboyan, had taken place earlier.

(3.) IT has been further stated that the petitioners had made their claims, belatedly, only due to the fact that they are illiterate and that they did not have sufficient information about the mistake that had taken place in the award, dated 30.11.1973, wherein, the name of Veeraboyan had been entered. It had also been stated that the writ petitions had been filed by the petitioners, before this Court, as they had no knowledge of the award, dated 30.11.1973, and the mistake that had taken place at the time of the passing of the award. Therefore, the petitioners ought to have been considered, by the respondents, for the granting of government employment, as per the government order, in G.O.Ms. No. 188, Personnel and Administrative Reforms (Personnel -P) Department, dated 28.12.1976.