S THANAPACKIYAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE above Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the Notification under Section 4(1) of the Land Acquisition Act issued under G.O.(3D) 36, dated 1.6.1995 and published in the Government Gazette, dated 25.6.1995 and in the local newspaper on 1.7.1995 and the declaration under Section 6 of the Act issued under G.O.(3D) No.54, dated 4.s7.1996 published in the Government Gazette dated 5.7.1996 and quash the same.

(2.) THE lands in questions are sought to be acquired by the respondents for the purpose of providing house sites to the denotified communities of Kattuparamakudi village, Paramakudi Taluk of Ramanathapuram District. THE petitioner is challenging the said land acquisition proceedings on ground that Notification under Section 4(1) of the Land Acquisition Act was issued on 1.6.1995 and published in the Gazette on 28.6.1995 and was published in the local newspaper on 1.7.1995 but the declaration under Section 6 of the Act was issue dunder G.O. (3D) No.54 on 4.7.1996 and since the same was made after one year thus flouting the provisions of Section 6(1)(ii) of the Land Acquisition Act, which provides that no declaration shall be made after the expiry of one year from the date of publication of the Notification, the entire proceedings are to be quashed.