R RAMAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in the writ petition is to quash the land acquisition notification issued under section 4 (1) of the 1978 Act dated 2. 12. 1997 published in the Madurai district Gazettee dated 8. 12. 1997.

(2.) THE brief facts necessary for disposal of the writ petition are as follows.

(3.) THE respondents filed counter affidavit wherein it is stated that Section 4 (1) notification was published in Madurai District Gazettee on 8. 12. 1997 relating to the petitioner's land, after the same was approved by the second respondent on 2. 12. 1997. It is further stated that Section 4 (2) notice was issued by the proceedings of the third respondent dated 7. 11. 1997 and the notice was affixed on the door of the house of the petitioner as he was out of station. It is also stated that no objection was given by the petitioner as stated in the affidavit and the notice could not be served on the petitioner as he was not available and therefore he could not be enquired. Since no objection was received from the petitioner, the acquisition was finalised and gazettee notification was issued under section 4 (1) of the Act 31 of 1978.