C. SAMRAJ Vs. GOVERNMENT OF PONDICHERRY

JUDGEMENT

(1.) The above writ appeals are filed against the common order made in W.P.Nos.6951, 6953 and 6554 of 1996 dated 04.08.2009. The appellants are the writ petitioners. They have challenged the acquisition proceedings initiated under the Land Acquisition Act, 1894. The notification issued under section 4(1) of the said Act and published in the Government Gazette dated 11.04.1995 and the declaration made under section 6 of the said Act in G.O.Ms.No.41 dated 12.04.1996 and published in the Gazette on 23.04.1996 were challenged by the writ petitioners by raising very many grounds out of which, the main ground urged was that the said 4(1) notification was issued against two dead persons.

(2.) The learned Single Judge after considering the rival submissions and finding that the patta stood in the name of those two dead persons Mrs.Rajeswari Ammal and Thangavelu, allowed the writ petitions however, by quashing the declaration made under section 6 alone. Consequently, the learned Single Judge remitted the matter back to the second respondent for holding a fresh enquiry under section 5(A) of the said Act, after issuing notice to the writ petitioners and also to the legal heirs of the said dead persons and then to issue appropriate declaration under section 6 of the said Act. Thus, the learned Judge directed the Authorities to complete the above exercise within a period of six months.

(3.) Challenging the said common order made in the above writ petitions dated 04.08.2009, the appellants filed the above appeals on 24.09.2009 and the appeals were latter admitted on 03.08.2011.