P TAMILARASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the land acquisition proceedings initiated by the respondents, the petitioner has filed the above writ petition.

(2.) The case of the petitioner is as follows : He purchased under Registered Sale Deed dated 31-12-1986 agricultural lands in Survey No. 332/1 from M/s. Subramaniam, Paramasivam and Kannan situated in Pernampet Village, Gudiattam Taluk, North Arcot District. Subsequent to the purchase of the said land he had effected change in all the Revenue Records and other authorities. He is in possession and enjoyment of the said lands right from the date of his purchase. While so, he received a notice from the third respondent herein dated 20-9-1991 inter alia stating that the award under the Land Acquisition Act has been wrongly given to his vendors and petitioner was directed to meet him to collect the amount which has been refunded by the vendors. It is further stated that only when he received the above-mentioned notice on 22-9-1991 he came to know that proceedings by the respondents under Land Acquisition Act. The entire proceedings have been initiated behind his back. Even though the lands under acquisition are under his enjoyment and possession right from 1986, the respondents failed to follow the mandatory provisions of the Act by issuing notice to the petitioner and hearing his objections. In such circumstance, having no other remedy has filed the above writ petition.

(3.) None of the respondents have chosen to file counter-affidavit disputing various averments made by the petitioner. However, relevant records have been placed for perusal of the Court.