B SRIDHARAN; L GNANAMBIGAI; L CHANDRASEKARAN; R MADHAVI; R CHEMMANA SELVI; J RAMANI; J DEVENDRAN; T SUGANYA; M SHANMUGAPRIYA Vs. UNION OF INDIA; GOVERNMENT OF TAMIL NADU; INDIA TOURISM DEVELOPMENT CORPORATION LTD; DISTRICT COLLECTOR, KANCHEEPURAM; REVENUE DIVISIONAL OFFICER, CHENGALPATTU; TAHSILDAR, LA OFFICE; G R THANGAMALLIGAI (P) LTD

JUDGEMENT

(1.) The petitioners are the legal heirs of one late A. Thiruvengada Mudaliar, who, during his lifetime, along with his three sons, late T. Balaraman, late T. Lakshmanan and late T. Jagannathan, jointly purchased a property, comprised in S.No. 99/3, at No. 162, Mahabalipuram Village, Chengalpattu District, measuring to an extent of 10 Grounds (55 cents), from one Mrs. Amathulla Saleem, represented by her husband M.M. Saleem, as power of attorney, by way of sale deed dated 14.07.1964, registered as Document No. 2809/1964, on the file of the Registrar, Madras - Chengalpattu. The 3rd petitioner's father, namely, T. Lakshmanan, died on 10.05.1983, leaving behind petitioners 2 to 5, who are his wife, son and daughters respectively. T. Balaraman died on 02.08.1988, leaving behind his wife B. Andal, his sons, by name, B. Giridharan, B. Sridharan, the 1st petitioner herein and B. Mahendran, as his legal heirs. B. Giridharan is missing since 1980 and his whereabouts are not known. B.Mahendran died on 21.05.2003 and Mrs.B. Andal, wife of T. Balaraman, died on 30.01.2011, with the result that the 1st petitioner herein is the only surviving legal heir of late T. Balaraman. The other son of A. Thiruvengada Mudaliar, namely, T.Jagannathan, died on 20.03.1995, leaving behind his widow J. Ramani, the 6th petitioner herein, two daughters, 8th and 9th petitioners herein and the 7th petitioner as his legal heirs. A. Thiruvengada Mudaliar died on 24.11.1972 leaving behind three sons, including the father of the 3rd petitioner and two daughters by name, S. Ambika and T. Mallika. The daughters of Thiruvengada Mudaliar jointly executed a release deed dated 19.07.1973 releasing their share in the property of their father, in the name of their 3 brothers and thereafter, the petitioners herein have become absolute owners of the property.

(2.) In the year 2009, the petitioners came to know through information provided under the Right to Information Act that the aforesaid land was acquired under the Land Acquisition Act, 1894, by issuance of Section 4(1) notification for the purpose of expansion of Temple Bay and Shore Cottages at Mamallapuram Village, Chengalpattu Taluk, by India Tourism Development Corporation, the 3rd respondent herein, at the instance of Union of India, the 1st respondent herein. Section 6 declaration was made on 30.07.1979 and an award was passed on 23.09.1986. Further, the compensation amount is said to have been deposited before the Civil Court . After coming to know about all these details, the petitioners have come before this Court questioning the land acquisition proceedings, which were initiated about 40 years back.

(3.) Mr.R.Singgaravelan, learned Senior Counsel appearing for the petitioners, made the following submissions: