G S GOPALAKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE question as to whether a notification issued under Section 4 (1) of the Land Acquisition Act, 1894 in the name of a dead person is a nullity, falls for consideration in this appeal.

(2.) THE facts leading to this appeal are as follows:-Five persons by name M. Narasimha Reddy, G. S. Gopalakrishnan, Tmt. Rajamma, M. Krishnappa and L. Nachiappan jointly filed a writ petition in W. P. No. 7153 of 1997 praying for the issue of a Writ of Certiorari to call for the records of the first respondent relating to a notification issued under G. O. Ms. No. 130, Electronics, Science and Technology (C) Department dated 2. 11. 1988 under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter called as the 'act') and the declaration issued under Section 6 of the Act under G. O. Ms. No. 941, Industries (SIF2) dated 18. 12. 1989 and the award No. 4 of 1991 dated 19. 12. 1991 of the second respondent and to quash all those proceedings in so far as they related to the land of an extent of 39 cents in Survey No. 671/1, Hosur Village and Taluk. It was their contention in the writ petition that the said land of the extent of 39 cents was developed into a layout of house sites along with other lands and the layout was approved by the Director of Town and Country Planning in DTP approval 53/87-C No. 2122/87 S. D. R. 4 and that they had purchased plot Nos. 28, 26, 27, 25, 30 and 31 respectively in the said layout.

(3.) BY an order dated 6. 11. 2003, the writ petition was allowed in favour of the first and fifth petitioners viz. , M. Narasimha Reddy and L. Nachiappan and the entire land acquisition proceedings as against the plots of land purchased by them were set at naught. However, the writ petition was dismissed in so far as the petitioners 2, 3 and 4 viz. , G. S. Gopalakrishnan, Tmt. Rajamma and M. Krishnappa were concerned. Therefore, aggrieved by the dismissal of the writ petition, petitioners 2, 3 and 4 in the writ petition have filed the above writ appeal.