KARTHIKEYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present Writ Appeal has been preferred by the appellant/writ petitioner against the order dated 07.12.2000 passed by the learned Single Judge of this Court in W.P.No,4359 of 1993, wherein the appellant/writ petitioner challenged Section 4(1) Notification issued under the Land Acquisition proceedings and also challenged the Declaration issued under Section 6 of the Land Acquisition Act by the respondents herein. THE Writ Petition was filed by the appellant/writ petitioner invoking Article 226 of the Constitution of India for setting aside the G.O.(3-D).No,329, Adi Dravidar and Tribal Welfare Department, dated 11.03.1991 passed by the first respondent herein and to set aside G.O.(3-D).No,204, Adi Dravidar and Tribal Welfare Department, dated 13.03.1992. THE said Writ Petition was dismissed by the learned single Judge on the ground that the suit in O.S.No,8 of 1989 was pending before the District Munsif Court, Polur, and that the petitioner could agitate the grievance raised in the Writ Petition before the said Civil Court for the relief sought.

(2.) THE learned counsel for the appellant wants to assail the impugned order on the ground that the pendency of Original suit cannot be a ground to dismiss the Writ Petition, and also on the ground that Notification issued under Land Acquisition Act by the respondents herein can be challenged only by way of invoking Article 226 of Constitution of India.

(3.) BRIEF facts of the case are as follows:- The writ petitioner's land situated in Padavedu Village, Polur Taluk, Thiruvannamalai District was under acquisition for the purpose of creating pathway to the near-by residential area of Harijans of the locality for which Notification in G.O.(3-D).No,329, dated 11.03.1991, was issued by the Adi Dravidar and Tribal Welfare(ADW-6), under Section 4(1) of the Land Acquisition Act and after due enquiry under Section 5 (A), G.O.(3-D).No,204, dated 13.03.1992 was issued under Section 6 of the Land Acquisition Act. As against which the Writ Petition was filed by the Writ Petitioner/Appellant.