STATE OF TAMIL NADU Vs. S PARVATHY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.9.1994 passed in W.P. No.16616 of 1994. That respondent No.l issued a notification under Sec.4(l) of the Land Acquisition Act, 1894 (hereinafter referred to, in short, as "the Act). The notification was issued in G.O.Ms. No. 188, dated 16.6.1993 and the same was published in Tamil Nadu Government Gazette dated 21.7.1993, subsequent to the paper publication dated 18.7.1993. The learned single Judge held that notification under Sec.4(l) should be first published in the Gazette and then only the other mode of publications have to be followed. In that view of the matter quashed the notification issued under Sec.4(l) of the Act.

(2.) THE question for consideration is:

(3.) AN identical issue came up for consideration before this Court in Sundara Naicker v. The State of Tamil Nadu and another, (1996)2 C.T.C. 746 and this Court has taken the view that the notification in the official gazette precedes the notification in the newspaper or the publication of the notification in the newspaper precedes the gazette notification, matters very little as long as it is the last of the dates of such publication and giving of such public notice being referred to as the date of publication of the notification, which alone would determine the date of publication of the notification. In that view of the matter held that M.Rajagopal v. State of Tamil Nadu, (1992)2 M.L.J. 404 and Muthukaruppan and others v. State of Tamil Nadu, (1994)1 M.L.J. 303 do not lay down law correctly and overruled both the decisions.