K PANDIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above writ appeal is directed against the order of the learned Single Judge dated 14. 8. 2001 made in w. P. No. 4880 of 1995 in and by which the learned Judge dismissed the writ petition.

(2.) HEARD learned counsel appearing for the appellant and learned Special Government Pleader for the respondents.

(3.) IT is clear that though an objection was taken that an extent of 1. 03 acres of land belonged to chinnaraj Gounder, on verification of the revenue records such as, patta, adangal etc. , the Land Acquisition Officer came to the conclusion that the entire extent, viz. , 2. 09 acres in survey No. 103/1 belonged to m/s. Soundararajan and Pandian sons of Kaliyappa Gounder of Sengundram village. IT is also clear that the entire extent was possessed by the said persons. IT is seen that both Soundararajan and Pandian appeared before the Land acquisition Officer during 5-A enquiry conducted on 24. 4. 1992 and submitted their objection stating that they belong to Vanniyar community and the land owned by Vanniyars should not be acquired. IT is relevant to note that they have not stated anything about the ownership of Chinnaraj Gounder as now claimed by the appellant. In such circumstances, particularly in the light of the entries found in the revenue records such as, chitta and patta, the Land acquisition Officer was not expected to conduct a roving enquiry.