P ABOPATHAN Vs. CHAIRMAN/MANAGING DIRECTOR AND OTHERS

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition seeking for a mandamus upon the first respondent to issue a No Objection Certificate in favour of the petitioner pertaining to the land bearing Survey No.L5/7-7A measuring an extent of 0.18.81 and 0.00.797 Ares situate in Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District, pursuant to the representation of the petitioner dated 28.04.2015 and forwarded by the second respondent by his report in LA/3674/14 dated 01.07.2015 to the first respondent, within the time frame that may be fixed by this Court.

(2.) According to the petitioner, the lands measuring an extent of 0.18.81 and 0.00.797 acres, comprised in S.No.L5/7-7A, situate in Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District, originally belonged to the petitioner's grand father U.Narayana Perumal, who acquired the same under a registered Partition Deed in the year 1965.During his life time, the petitioner's grand father executed a Will dated 25.9.1970 bequeathing his properties in favour of his sons and in pursuance of which, the above said property was allotted to the share of petitioner's father. After the demise of petitioner's grand father, petitioner's father Ponnusamy became entitled to the said property as per the said Will and he was enjoying the said property by paying kist and other charges in his own name. After the demise of petitioner's father on 13.9.1993, the petitioner and his mother as his only legal heirs acquired the above property. After the death of petitioner's father, the petitioner did not make any serious attempts to change the revenue records in his name, but continued to pay the necessary kist and other charges for the property.

(3.) When the petitioner and his mother is making efforts to dispose of the property, they came to know that the said land along with other lands were acquired by the Government for Neighbourhood Scheme initially by issuing a Notification in G.O.Ms.No.524 , Housing and Urban Development Department dated 19.6.1990 published in Tamilnadu Government Gazette No.27C, Part II Section 2 dated 11.7.1990 issued under Section 4(1) of Land Acquisition Act (Central Act I) of 1894 and later, the Government issued a declaration in G.O.Ms.No.1115, Housing and Urban Development (G) dated 1.8.1991 and published in Tamilnadu Government Gazette No.380 dated 2.8.1991 under Section 6 thereto. Despite the fact the revenue records were transferred from the name of petitioner's grand father to petitioner's father, still, no notice has been issued to his father for an enquiry under section 5-A of the Act and the petitioner and his mother were not aware of any enquiry said to have been conducted under Section 5-A of the act. Further on enquiry, the petitioner came to know that in respect of a portion of the property comprised in T.S.No.l5-7B , one P.Pushpam who is none other than the daughter in law of petitioner's paternal uncle, along with her two daughters filed a writ petition before this Court in W.P.No 240 fo 1996 to quash the declaration made under G.O.Ms.No.1115 , Housing and urban Development (G) Department dated1.8.1991 published in Government gazette dated 2.8.1994 pursuant to the notification dated 19.6.1990. This Court by order dated 22.9.1999 allowed the said writ petition and quashed the notification as well as declaration.