G THIRUVARASAN Vs. DEPUTY COLLECTOR LAND ACQUISITION PONDICHERRY

JUDGEMENT

(1.) THIS relief sought for in the writ petition is to quash the proceedings No.2589/88/B/LA of the first respondent dated 25.11.1994 by a writ of certiorari.

(2.) THE facts to the extent they are relevant and necessary for the disposal of the writ petition are as follows: THE father of the petitioner Govindarasu, claiming to be a tenant in respect of the land in R.S.No.41/1, Old Survey No.141, situate at Ariyankuppam village, Pondicherry, filed Writ Petition No. 13594 of 1986 questioning the validity of the Land Acquisition proceedings initiated in respect of the said land. He died on 7.6.1991. On his death the petitioner claims to be in possession and enjoyment of the said land. THE said writ petition was dismissed. Writ Appeal No.500 of 1994 challenging the order passed in the writ petition was also dismissed. During the pendency of the proceedings the father of the petitioner having died, the petitioner contained the proceedings. He had filed special leave petition to appeal in the Supreme Court in No.21172 of 1994 challenging the order passed in the writ petition and the writ appeal aforementioned, later he withdraw the same.

(3.) THE father of the petitioner had filed an application before the second respondent for renewal under Sub-Rule (6) of Rule 24 for continuance of possession of land under Sub-Sec.(5) of Sec.7 of the Act. In view of the provisions of the said Act, the father of the petitioner was entitled to continue as a cultivating tenant. THE application filed by the father of the petitioner had not been disposed of. Hence the petitioner sent a letter on 13.1.1995 to pass orders on the application. Since no action was taken inspite of reminders a writ petition was filed. It is also stated that another Writ Petition No.20055 of 1994 was filed by the petition was filed. It is also stated that another Writ Petition No.20035 of 1994 was filed by the petitioner for furnishing copy of the Award. It is further claimed that the petitioner continues to be in possession of the property. According to the respondents, the possession of the property has been taken over on 25.11.1994 as can be seen from the impugned proceedings No.2589/88/B/ LA dated 25.11.1994. THE petitioner got copy of the said impugned proceedings only recently. According to the petitioner possession has not been taken from him.