RAJA RAJESWARASWAMY TEMPLE Vs. GOVERNMENT OF PONDICHERRY

JUDGEMENT

(1.) THE Government of Pondicherry and the Deputy Collector (Revenue), Yanam have filed the miscellaneous petition W. V. M. P. No. 359 of 2007 to vacate the interim order passed on 7. 12. 2005 in W. P. M. P. No. 40143 of 2005 whereby this Court ordered that there will be an order of injunction of dispossession alone, if not already dispossessed.

(2.) CONSIDERING the nature of relief sought for and the short question that arises for consideration, the main writ petition itself is taken up for disposal and the arguments of the learned counsel for the writ petitioner and the learned Government Pleader (Pondicherry) were heard.

(3.) THE brief facts of the case are as follows:- The present writ petition has been filed by the Archaka of the writ petitioner temple challenging the Section 4 (1) Notification issued in G. O. Ms. No. 42 dated 1. 4. 2005 read with Section 6 Declaration issued in G. O. Ms. No. 129 dated 17. 10. 2005. In terms of the G. O. Ms. No. 42 dated 1. 4. 2005, land to an extent of 01-36-00 hectares was sought to be acquired by the Government of Pondicherry for the purpose of providing house sites to the landless labourers at Kursampeta in Adivipolam Revenue village. The Notification under Section 4 (1) of the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter referred to as "the Act") was issued. The Declaration in terms of Section 6 of the Act has also been made and published.