HEMACHANDRA REDDY Vs. SUPERINTENDING ENGINEER CIVIL I AND GENERAL NORTH MADRAS THERMAL POWER PROJECT MADRAS

JUDGEMENT

(1.) THIS writ appeal is preferred against the order dated 27.9.1993 passed by the learned single Judge in W.P.No.9566 of 1993. W.P.No.9566 of 1993 was heard along with several other connected writ petitions and a common order was passed by the leaned single Judge. All the writ petitions were allowed in the following terms: ".

(2.) THE point now taken by the Tamil Nadu Electricity Board is covered by a decision in W.P. Nos.9196 and 9197 of 1992 dated 17th June. 1993 in Neyveli Lignite Corporation Limited v. P.R. Govindarajulu and 2 others, (1993)2 L.W.37. Following the said decision. I quash the orders passed by the learned Subordinate Judge in the respective O.Ps. and remit the matter to the learned Subordinate Judge for fresh disposal after giving notice to the requisitioning body and other interested persons. For the foregoing reasons, I am of the view that the awards of the Subordinate Judge passed in all the L.A.O.Ps. are illegal, ah initio void and unenforceable on the short ground of non-issue of statutory notice to the interested person viz.. the writ petitioners. Hence, all the awards which are the subject matter of the writ petitions are set aside and the matter is remitted to the Sub Court, Tiruvellore. THE Sub-Court. Tiruvellore is directed to issue a notice to the writ petitioners, the owners of the land and also the State of Tamil Nadu represented by the Special Tahsildar, Land Acquisition Unit, North Madras, THErmal Power Project, Ennore, Ma-dras-57 and dispose of the O.Ps. on merits and in accordance with law within six months from the date of receipt of a copy of the order from this Court. All the writ petitions are ordered accordingly. THEre will be no order as to costs.

(3.) HENCE, we see no ground to interfere with the order passed by the learned single Judge. The appeal is rejected. No costs.