M. KARTHIKEYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners challenge the proceedings for acquisition of their land under the Tamilnadu Highways Act, for the purposes of construction of elevated corridor from Goldwins in Avinashi Salai to Uppilipalayam by the District Collector, Coimbatore.

(2.) The petitioners would allege that they were not served with any notice as required under Sec. 15(2) of the Act read with Rule 5(1) of the Tamil Nadu Highways Rules, 2003. It is the contention of the respondent that individual notices as required under Rule 5(2) were served and many of the petitioners appeared for the enquiry.

(3.) A counter affidavit has been filed setting out the above contention and the documents have also been placed before us. The procedure for acquisition prescribed under an enactment, being an exercise of power of the eminent domain, will have to be scrupulously followed and any deviation thereof will have the effect of nullifying the entire process.