(1.) The petitioner has sought for a certiorarified mandamus, calling for the records of the 3rd respondent culminated in G.O.Ms. No.36, Department of Revenue and Disaster Management dt on 5.10.2010 in the Gazette of Puducherry and the consequent G.O.Ms. No.62 Department of Revenue and Disaster Management dt 2.3.2011 in the Gazette of Puducherry, insofar as the schedule mentioned property is concerned and quash the entire acquisition proceedings.
(2.) According to the petitioner, he is the owner of the land measuring an extent of 23 Ares 50 centiares of Nanja land situated at No.31, Neravy Village and comprised in R.S.No.182/3B, having purchased the same from one Mr.Abdul Sukkur by way of a sale deed dated 08.09.2009 and registered as Doc. No.1139 of 2009 in the office of the Sub Registrar, Neravy. According to him, he is in possession and enjoyment of the property. By notification dated 05.10.2010 issued under the Land Acquisition Act, 1894, an extent of 11 Ares and 34 Centiares, out of the total extent of 23 Ares 34 centiares, was notified for acquisition for forming Western Bypass road. The land notified for acquisition was allotted a sub divided resurvey number 182/3B/2. In the said notification, the remaining extent of 12 Ares and 16 centiares was left out from acquisition. In the 4(1) notification, the name mentioned was Abdul Sukoor [minor] son of Mohammed Abubacker. After purchase, he has effected mutation in the revenue records. However, in declaration issued under Section 6 of the Act, published in Government Gazette dated 02.03.2011, the name of the petitioner was not included. It still contained the name of minor Abdul Sukkur. Section 6 declaration was not served on the petitioner. Proceedings under Section 5(A) had been dispensed with, by invoking Section 17(4) of the Land Acquisition Act. As the petitioner, is in possession, he sent a letter dated 14.10.2011 to R3, intimating the change in ownership of the property and requested him to give all intimations in respect of the acquisition of land at No.31, Neravy Village, comprised in Re.Survey No.182/3B admeasuring an extent of 23 Ares and 50 centiares.
(3.) Despite the Land Acquisition Office -cum -Deputy Collector (Revenue), Karaikal, being intimated, no information was given. Therefore, the petitioner sent another letter dated 29.06.2013, enclosing a photocopy of the earlier representation dated 14.10.2011 and the patta which stood in his name. Thereafter, a notice dated 13.09.2013 under Section 9(3) and Section 10 of the Land Acquisition Act, 1894, was served on 27.09.2013, by which the petitioner was informed that the Government have intended to take possession of the property. The petitioner was also directed to appear before the Land Acquisition Office -cum -Deputy Collector (Revenue), Karaikal, on 11.10.2013 at 10.00am and to give a statement in writing with all particulars, objections and claim for compensation.