THANGAMUTHU GOUNDER Vs. SECRETARY GOVERNMENT OF TAMIL NADU SOCIAL WELFARE DEPARTMENT FORT ST GEORGE MADRAS 600 009

JUDGEMENT

(1.) THE petitioner is the pattadar of part of S. No. 131, an extent of 0. 20 1/2 cents. THE remaining extent of 5. 021/2 acres belongs to one Subramania Gounder. THE said lands were proposed for acquisition and necessary notification under Section 4 (1) of the Land Acquisition Act was published in the Tamil Nadu Government Gazettee dated 5. 3. 1983. THEreafter, after due enquiry. declaration under Section 6 of the said Act was published and the award enquiry was also completed. It is the case of the petitioner that he came to know about the acquisition of the property only when the second respondent issued notice to the 5th respondent on 23. 9. 1989 under the Land encroachment Act. THE 5th respondent is the purchaser of the petitioner's land under registered sale deed dated 22. 12. 1983 i. e. , subsequent to the 4 (1)notification. Immediately, thereafter, the petitioner has filed this writ petition challenging the acquisition proceedings, since it is not open to the 5th respondent to challenge the same as he is the purchaser of the property subsequent to 4 (1) notification.

(2.) THE main ground urged by the learned counsel for the petitioner is that the petitioner was not served with the statutory notice in respect of the enquiry under Section 5 A of the Land Acquisition Act. When it is mandatory on the part of the respondents to serve a personal notice for the enquiry, non-issue of the notice to the petitioner vitiates the proceedings. Equally, the petitioner was not served with any notice for the award enquiry also.