LAWS(MAD)-1997-10-120

AMIRTHAKUMAR Vs. STATE OF TAMIL NADU AND ANR

Decided On October 22, 1997
AMIRTHAKUMAR Appellant
V/S
State Of Tamil Nadu And Anr Respondents

JUDGEMENT

(1.) The petitioner prays for the issue of writ of certiorarified mandamus calling for the records relating to A1 11467/93, dated 6.2.1997 passed by the 2nd respondent and the consequential order in G.O.Ms.No. 128, Highways Department, dated 28.4.1997 issued by the 1st respondent and quash the same and forbear the respondents from taking any further proceedings in pursuance of the said notification.

(2.) Heard Mr. Peppin Fernando learned Counsel for the petitioner and Mrs. T. Kokilavani learned Government Advocate for the respondents. There is no dispute that the land has been acquired for public purpose. The contentions raised by the learned Counsel for the petitioner are:

(3.) The petitioner's land besides others has been acquired for the public purpose of improvement of road from Sripuram to Thatchanallur (via) Sivasakthi Theatre. The Government issued Section 4(1) notification in G.O.Ms.No. 194, P.W. (Highways) (HSL) Department, dated 4.3.1996 and the same has been published in the Government Gazette dated 20.3.1996 Section 4(1) notification has also been published in two Tamil dailies having circulation in the locality. The substance of Section 4(1) Notification was also published in the locality on 30.4.1996.