P. SHRIKANTHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the present writ petitioner praying to issue a Writ of Certiorari to call for the records pertaining to the proceedings of the first respondent vide Notification in G.O.Ms.No.1 Industries (MIE 2) dated 03.01.2007 published in Tamil Nadu Gazette No.4, Part II- Sec.2 dated 31.01.2007 and the notice of the 3rd respondent in R.C.No.97/99-A dated 12.03.2007 and proceedings in Na.Ka.No.97/99A dated 09.04.2008 and quash the same.

(2.) The case of the petitioner is that he is the owner of the land and he purchased the land on 24.03.2006 from Mrs.Saraswathi and others, who are the original owners of the property. The petitioner is not aware of earlier land acquisition proceedings, which was of the year 1997 and however, the petitioner came to know only in the year 2007. Thereafter, the petitioner filed a Writ Petition, challenging the Notifications issued under Section 3(1) of the Tamil Nadu Land Acquisition Act on 31.01.2007, 3 (2) of the Act and the possession Notice issued on 12.03.2007.

(3.) Learned counsel for the petitioner would submit that Notice under Section 3(1) was issued in the name of original owner, however, Notice under Section 4(2) of the Act was issued in favour of the petitioner. The petitioner appeared before the authority and explained them, however, the authorities did not issue any notice either under Section 3(2) or 3(1) of the Act, but they have chosen to issue Notice under Section 4(2), which is unsustainable and all proceedings were initiated only against the original owners and not against the petitioner and the petitioner is still in possession and the authorities had not taken over the possession.