A RAJA DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition praying to issue a writ of certiorari to call for the records pertaining to G.O.Ms.No.543, (Industries (MIJ I), dated 29.3.1988 and G.O.Ms.No.361, Industries (MID 2), dated 2.4.1990 and R.C.No.36 of 1988 and Award No.4 of 1992, dated 22.4.1992 on the file of the 3rd respondent, insofar as the petitioner's land in S.No.271/5 of an extent of 0.11 cents is concerned and to quash the same.

(2.) HEARD the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(3.) REGARDING the delay said to have been caused, it would be answered in the counter affidavit stating thereby that Sec.4(1) notification was made on 29.3.1988, got published on 20.4.1988 and the declaration under Sec.6 was made on 2.4.1990 and published on 25.4.1990. It would be answered that a fresh draft 4(1) notification was approved in G.O.Ms.No.720, Industries (MID.2) Department, dated 5.10.1989 and published in the Gazette on 1.11.1989 further publishing the same in two Tamil Nadu dailies on 4.11.1989 and the substance of the notification got published in the locality on 7.11.1989; that the petitioner had not objected to the land acquisition proceedings either for the notification under Sec.4(1) of the Act or for the fresh notification under the same Section published on 7.11.1989. Hence, it was construed that she had no objection to the acquisition of the land; that Sec.6 declaration was made on 2.4.1990 and published on 21.4.1990 in Tamil dailies and in the Government Gazette on 25.4.1990 and in the locality on 2.5.1990; that in pursuance of these notifications, the award was passed on 22.4.1992 that is within the stipulated time of two years from the date of publication in the locality which was on 2.5.1990.