K.NANDAGOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed

(2.) The above said property, originally, belonged to the petitioners father M.Krishnasamy Naidu who died on 24.06.1961 leaving behind the petitioners and their mother and another brother K.Janarthanan. The said K.Janarthanan was missing for many years and therefore, a partition was entered into among other family members on 31.03.1982. Partitioning many properties including the property to an extent of 1.78 acres comprised in Survey no.57/1, which was allotted to missing person K.Janarthanan. As per the said partition deed, if the missing person Janarthanan did not return home within three (3) years, the property would devolve upon the petitioners. As the said Janarthanan did not return home, the petitioners are entitled to the said property.

(3.) The first respondent issued Section 4(1) notification under the Land Acquisition Act. Enquiry notice under Section 5A of the Act, dated 30.08.1986 issued to K.Janarthanan was received by K.Nandagopal, who is the first petitioner herein. The 4th respondent passed an award on 22.09.1987 bearing No.7 of 1987. The Tahsildar, Coimbatore [North] issued notice dated 14.03.1988 directing the petitioners to hand over the possession.