THE KANYAKUMARI DIOCESE OF THE CHURCH OF SOUTH INDIA, REPRESENTED BY REV. M.I. KESARI, BISHOP AND THE CHAIRMAN OF THE GOVERNING BOARD Vs. THE STATE OF TAMIL NADU AND ANR.

JUDGEMENT

(1.) The petitioner prays for the issue of writ of certiorari to call for the records relating to the notification issued by the first respondent under Sec. 4(1) in G.O. Ms. No. 810, R.D. & D.A., dated 17.5.1979 and the declaration issued in G.O. Ms. No. 326, Municipal Administration and Water Supply, dated 12.12.1996 and quash the same.

(2.) Heard counsel for the petitioner and Mr. V. Rangaraju, Additional Government Pleader appearing for the respondents. this Court by order dated 27.10.1997 called upon the Government Advocate to produce the, file relating to acquisition. Accordingly, the respondents have produced the files and arguments were advanced by the counsel for either side. There is no controversy with respect to the factual aspect of the matter.

(3.) By G.O. Ms. No. 810, R.D. and L.A., dated 17.5.1979 Sec. 4(1) notification was issued by the first respondent and the said notification was published in the Tamil Nadu Gazette dated 20.6.1979. The substance of the notification has also been published in the locality as well as in convenient places. The Land Acquisition Officer conducted Sec. 5 -A enquiry on 26.10.1979. Thereafter on the submission of report, the Government issued Sec. 6 declaration in G.O. Ms No. 1187 R.D. & L.A. dated 27.6.1981. Sec. 6 declaration was also gazetted on 15.7.1981. A notice under Sec. 9(2) of the Act was also issued for passing the award on 5.8.1983. It is stated that award was also passed on 16.9.1983.