SYED YACUB Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE prayer in this writ petition is seeking for a direction to forbear the first respondent from entering into the petitioner's land bearing survey No.36/5 measuring an extent of 0.80.0 hectare situated in Jaffarpet village, Gudiyatham Taluk and from disturbing the petitioner's peaceful possession and enjoyment of the same.

(2.) THE case of the petitioner is that the subject matter land was notified under Section 4(1) of the Land Acquisition Act for the purpose of providing house sites for Arundathiar. The petitioner challenged the land acquisition proceedings by filing the writ petition in W.P.No.18661 of 1993 and the same was dismissed on 8.8.2000. Therefore, according to the petitioner, the award should have been passed under Section 11(A) of the Land Acquisition Act within a period of two years from the date of dismissal of the writ petition. Thus, it is his contention that no such award has been passed so far and consequently, the entire land acquisition proceedings got lapsed.

(3.) IT is stated in the counter affidavit as follows: