D JAHARA BEEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONERS in this writ petition are land owners in Survey No.220/1 measuring to an extent of 1.04 acres in Kovilpatti Village, Tuticorin District. In this writ petition they seek to challenge the Notification issued under Section 4(1) of the Land Acquisition Act dated 15.2.1977 and declaration issued under Section 6(1) of the Act dated 4.12.1983 relating to their land.

(2.) IN the affidavit it is stated that while the petitioners were in possession of the land, the 3rd respondent official came to take possession of the land without any authority. Therefore they filed the present writ petition in the year 1998, after a period of 22 years from the date of Section 4(1) Notification and 15 years from the date of Section 6 declaration. Excepting the bald averment in the affidavit that when the respondents came to take possession of the land, they were made to come to this Court, no other reference is given with respect to the action taken by the respondents in respect of either Section 4(1) Notification or the role played by them during the enquiy under Section 5-A of of the Act, subsequent to Section 6(1) declaration.

(3.) IT is submitted by Mrs.Kamala Ramesh-the learned counsel appearing for the 3rd respondent that as against the appeal suit, a second appeal was filed by the State and during the pendency of the second appeal, the said land owner had filed a memo stating that she will not execute the decree against the 3rd respondent. IT is also brought to the notice of this Court by the learned counsel for the 3rd respondent that the land which are sought to be acquired had been handed over to the Transport Corporation by the Tahsildar with a Land Delivery Receipt. A copy of which has also been produced, which would show that subsequent to the award No.1/84, the acquired land has been handed over to the Manager of the Transport Corporation.