STATE OF TAMIL NADU Vs. A KANDASAMY

JUDGEMENT

(1.) THE State of Tamil Nadu represented by Deputy secretary to Government, Housing and Urban Development department, Fort St. George, Chennai and the Special tahsildar, Land Acquisition, Housing Scheme No. I, coimbatore, are the appellants. This Writ Appeal is filed challenging the order dated 4. 8. 1998 passed by a learned single Judge of this Court in W. P. No. 9747 of 1989.

(2.) WRIT Petition No. 9747 of 1989 was filed challenging the Declaration under Section 6 of the Land Acquisition Act in G. O. Ms. No. 419, Housing and Urban Development Department dated 19. 3. 1986 and published in Tamil Nadu Government gazette (Extraordinary) Part-II, Section 2 dated 20. 3. 1986 and to quash the same in so far as the lands of the petitioners, the present respondents, in S. F. No. 3-1c, krishnarayapuram village, Coimbatore Taluk, Coimbatore district. The averments in the affidavit filed in support of the writ petition in brief is that all the writ petitioners, the present respondents, have purchased the land from A. R. Narayanaswamy Naidu, son of A. T. Rangaswamy naidu in the month of April, 1981, June, 1981, May 1982 and one person in March, 1983. The Notification under Section 4 (1) of the Act was issued in G. O. Ms. No. 551 Housing and urban Development Department dated 7. 3. 1983 and the same was published in Government Gazette on 23. 3. 1983 in the name of a. T. Rangasamy Naidu, A. Savithiri and Magudapatti. The local publication was made on 17. 5. 1983 and the Form 3 notice was issued on 29. 4. 1983. Section 5-A Notice dated 29. 4. 1983 was served and after enquiry an order was passed on 30. 5. 1983. Thereafter, Declaration under Section 6 was passed on 19. 3. 1986 in G. O. Ms. No. 419 Housing and Urban Development department, which is challenged in the writ petition. Publication in Government Gazette in respect of Section 6 declaration was made on 20. 3. 1986 in the name of a. T. Rangaswamy Naidu. Newspaper publication was made on 7. 7. 1986 and the locality publication was made on 21. 3. 1986. Section 9 (1) Notice issued on 26. 8. 1986 and Section 9 (3)Notice issued on 26. 8. 1986 are said to be served on 1. 9. 1986. In all these proceedings, it appears that the authorities have proceeded on the basis that the owners of the land are A. T. Rangaswamy Naidu, A. Savithiri and magudapatti, as per records.

(3.) THE case of the petitioner is that when they purchased the property in the year 1981 and thereafter as stated above, the said A. T. Rangaswamy Naidu was not alive. He had died long before and the sale deeds were executed by his son A. R. Narayanaswamy Naidu. The authorities have not served the notice on the present owners of the lands in question nor on the son of the late A. T. Rangaswamy Naidu. The writ petition was challenged inter alia on the ground that the proceedings culminating in passing Section 6 declaration has to be set aside, in view of the infirmity in the non-observance of the statutory provisions and procedures.