LAWS(MAD)-1992-2-7

P SUBBARAJ Vs. STATE OF TAMIL NADU

Decided On February 03, 1992
P.SUBBARAJ AND OTHERS Appellant
V/S
STATE OF TAMIL NADU REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT Respondents

JUDGEMENT

(1.) THIS writ petition is filed for issue of a writ of certiorari to quash the Government Order Rt. No.124, Housing Department, dated 8. 5. 1975, published in the Tamil Nadu Government Gazette on 11.6. 1975, of the file of the first respondent and also the Notification issued under Sec.4(1) of the Land Acquisition Act in respect of the land of the petitioners bearing survey Nos.94, part 95, 96/2A, 96/2B, 98/1, 92/2,103/1,103/2 and 105 measuring in all 5. 57 acres in Nerkundram Village, Saidapet Taluk, Chengalpet District etc.

(2.) THE petitioners have raised the following grounds: (i) THE Notification under Sec.4(1) of the Land Acquisition Act, hereinafter referred to as the Act, was published in the Tamil Nadu Government Gazette on 11.6. 1975 and the substance of the notification published in the Tamil Nadu Government Gazette was not published in the village Panchayat office and other convenient places. According to Rule 1 of the rules framed under Sec.55(1) of the Act, the substance of the notification published in the Government Gazette should have been published in the village and the village panchayat etc. immediately after publication of the notification in the official gazette.

(3.) THE respondents have not filed any counter affidavit to this writ petition and the files were produced by the learned Government Pleader at the time of hearing and the files were perused.