DHANALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The first petitioner is the mother of the second petitioner. The first petitioner's husband was one Mr.E.Kuppusamy. Mr.E.Kuppusamy died in the year 1999. Mr.E.Kuppusamy's father was one Mr.Ellappa Naicker. Mr.Ellappa Naicker died on 03.03.1962. Mr.Ellappa Naicker owned the lands comprised in Survey No.643/1A2 and 643/1B2A situated at Sholinganallur Village, Tambaram Taluk, Kanchipuram District. Ofcourse, patta for the said properties stood in the name of Mr.Ellappa Naicker even after his demise in the year 1962.

(2.) For the purpose of implementing Sholinganallur Neighbourhood Scheme, Phase -II, the Tamil Nadu Housing Board was in need of 53.92 acres of land in Sholinganallur Village, Tambaram Taluk, Kanchipuram District. Therefore, the Tamil Nadu Housing Board made a request to the Government to acquire necessary lands for the said purpose, under the provisions of the Land Acquisition Act. Accordingly, the Government under G.O.Ms.No.454 Housing & Urban Development Department dated 23.05.1990, issued a notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") thereby proposing to acquire 53.92 acres of land in Sholinganallur Village including the lands belonging to Mr.Ellappa Naicker comprised in Survey No.643/1A2 and 643/1B2A.

(3.) But, the said notification was issued in the name of Mr.Ellappa Naicker in respect of the lands in question though, Mr.Ellappa Naicker died in the year 1962 itself. Mr.Kuppusamy, the son of Mr.Ellappa Naicker who had inherited the said property along with the second petitioner herein also was not aware of the acquisition proceedings. An enquiry appears to have been conducted under Section 5-A of the Act. But, no notice was served either on Mr.Kuppusamy or on the petitioners 1 and 2 herein. The Special Tahsildar on completing the enquiry, had submitted a report to the Government. On accepting the said report, the Government issued G.O.Ms.No.996 Housing & Urban Development Department dated 17.06.1991, thereby acquiring 21.83.0 hectares of land including the lands belonging to Mr.Ellappa Naicker mentioned above. The said notification under Section 6 of the Act was published in the Tamil Nadu Government Gazette on 19.06.1991.