ARUMUGA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above writ appeal is directed against the order of the learned single Judge dated 08.11.2002 made in W.P.No.1487 of 1998, in and by which the learned Judge, dismissed the said writ petition challenging the land acquisition proceedings.

(2.) HEARD the learned senior counsel for the appellant as well as the learned Government Advocate for the respondents.

(3.) IN the normal circumstance, when the person concerned was not given an opportunity to participate in the enquiry, this Court would have permitted the respondents to proceed from the stage of enquiry but, in the case on hand, it is brought to our notice that declaration under Section 6 was published on the last date of the limitation prescribed. IN such circumstances, even if such permission is given, it would not be possible for the respondents to utilize the said opportunity. Apart from this, it is also brought to our notice that the entire Scheme, viz., Kalapatti Neighbourhood Scheme of the Housing Board has not been implemented till this date and that several orders have been passed by this Court quashing the acquisition proceedings. IN such circumstances, we are not inclined to afford opportunity to the respondents to continue from the stage of 5-A enquiry. Net result, the writ appeal is allowed. No costs.