LAWS(MAD)-2004-9-160

P RAYAPPAN Vs. SPECIAL TAHSILDAR LAND ACQUISITON

Decided On September 27, 2004
P.RAYAPPAN Appellant
V/S
SPECIAL TAHSILDAR (LAND ACQUISITON) Respondents

JUDGEMENT

(1.) THE petitioners, in the name of their deceased father, have come forward to file these writ petitions on certain grounds, seeking to issue a Writ of Certiorarified Mandamus, to call for the records of the Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Tuticorin, the respondent herein, respectively in L. Dis. Nos. 669/95 and 668/95 dated 20. 11. 1995 and quash the same and direct the respondent to refer Award No. 1 of 1992 dated 06. 11. 1992 in respect of the land in S. No. 126/8a to an extent of 0. 19. 5 hectare in Sankaraperi Village, Block V Tuticorin Taluk, V. O. C. District, belonging to the petitioners in W. P. No. 18461 of 1996, and also in respect of the land in S. No. 126/8b to an extent of 0. 46. 5 hectares in Sankaraperi village Block-V, Tuticorin Taluk, V. O. C. District belonging to the petitioners in W. P. No. 18462 of 1996, under Section 18 of the Land Acquisiton Act to the Civil Court, for enhanced compensation.

(2.) HEARD both.

(3.) IN the above matter the award has already been passed and the compensation amount as fixed by the respondent-Tahsildar has also been deposited in the Court of reference, that is the Subordinate Judge, Tuticorin whereas the petitioners would come forward to say that there was no notice to their father and that they did not know about the acquisition proceedings at all and therefore, unless the award passed is quashed they will be subjected to much loss and hardship; the petitioners have further prayed for referring the matter under Section 18 of the Land Acquisition Act, to the Court of reference for enhancement of compensation.